CHAPTER 80 DEPARTMENT OF PUBLIC SAFETY
80.1 DEPARTMENT CREATED.
80.1A DEFINITIONS.
80.2 COMMISSIONER -- APPOINTMENT.
80.3 VACANCY.
80.4 IOWA STATE PATROL.
80.5 OFFICERS OF PATROL.
80.6 IMPERSONATING PEACE OFFICER OR EMPLOYEE -- UNIFORM.
80.7 RAILWAY SPECIAL AGENTS.
80.8 EMPLOYEES AND PEACE OFFICERS -- SALARIES AND COMPENSATION.
80.9 DUTIES OF DEPARTMENT -- DUTIES AND POWERS OF PEACE OFFICERS -- STATE PATROL.
80.9A AUTHORITY AND DUTIES OF PEACE OFFICERS OF THE DEPARTMENT.
80.9B HUMAN IMMUNODEFICIENCY VIRUS-RELATED INFORMATION.
80.10 PEACE OFFICERS SHORT COURSE.
80.11 COURSE OF INSTRUCTION.
80.12 ATTENDANCE AT SHORT COURSE.
80.13 TRAINING SCHOOLS.
80.14 DIPLOMAS.
80.15 EXAMINATION -- OATH -- PROBATION -- DISCIPLINE -- DISMISSAL.
80.16 BONDS.
80.17 GENERAL ALLOCATION OF DUTIES.
80.18 EXPENSES AND SUPPLIES -- REIMBURSEMENT.
80.19 PUBLIC SAFETY EDUCATION.
80.20 DIVISIONAL HEADQUARTERS.
80.21 FEES AND REWARDS.
80.22 PROHIBITION ON OTHER DEPARTMENTS.
80.23 SPECIAL STATE AGENTS -- MEANING.
80.24 INDUSTRIAL DISPUTES.
80.25 DIVISION OF BEER AND LIQUOR ENFORCEMENT.
80.25A PARI-MUTUEL AND GAMBLING GAME INVESTIGATION AND ENFORCEMENT.
80.27 DRUG LAW ENFORCEMENT BY DEPARTMENT.
80.28 STATEWIDE INTEROPERABLE COMMUNICATIONS SYSTEM BOARD -- ESTABLISHED -- MEMBERS.
80.29 BOARD DUTIES.
80.30 INDIVIDUAL QUALIFICATIONS.
80.33 ACCESS TO DRUG RECORDS BY PEACE OFFICERS.
80.34 PEACE OFFICER -- AUTHORITY.
80.35 TRANSITION.
80.36 MAXIMUM AGE.
80.37 REIMBURSEMENT OF DEFENSE COSTS.
80.39 DISPOSITION OF PERSONAL PROPERTY.
80.42 SICK LEAVE BENEFITS FUND.



        

80.1 DEPARTMENT CREATED. There is hereby created a department of the state government which shall be known and designated as the department of public safety, which shall consist of a commissioner of public safety and of such officers and employees as may be required, one of whom shall be an attorney admitted to practice law in this state. Such attorney shall be an assistant attorney general appointed by the attorney general who shall fix the assistant's salary. The department shall reimburse the attorney general for the salary and expense of such assistant attorney general and furnish the assistant a suitable office if requested by the attorney general.

         Section History: Early Form

         [C39, § 1225.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.1]
         Referred to in § 7E.5
        

80.1A DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Commissioner" means the commissioner of public safety. 2. "Controlled substance" means the same as defined in section 124.101. 3. "Counterfeit substance" means the same as defined in section 124.101. 4. "Department" means the department of public safety. 5. "Peace officer" means a peace officer of the department as defined in section 97A.1.

         Section History: Recent Form

         2005 Acts, ch 35, §1
        

80.2 COMMISSIONER -- APPOINTMENT. The chief executive officer of the department of public safety is the commissioner of public safety. The governor shall appoint, subject to confirmation by the senate, a commissioner of public safety, who shall be a person of high moral character, of good standing in the community in which the commissioner lives, of recognized executive and administrative capacity, and who shall not be selected on the basis of political affiliation. The commissioner of public safety shall devote full time to the duties of this office; the commissioner shall not engage in any other trade, business, or profession, nor engage in any partisan or political activity. The commissioner shall serve at the pleasure of the governor, at an annual salary as fixed by the general assembly.

         Section History: Early Form

         [C39, § 1225.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.2] 

         Section History: Recent Form

         88 Acts, ch 1278, §22
         Confirmation, see § 2.32
        

80.3 VACANCY. A commissioner of public safety appointed when the general assembly is not in session shall serve at the pleasure of the governor, but the term shall expire thirty days after the general assembly next convenes in regular session, unless during such thirty days the commissioner be approved by two-thirds of the members of the senate.

         Section History: Early Form

         [C39, § 1225.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.3]
        

80.4 IOWA STATE PATROL. Repealed by 2005 Acts, ch 35, § 32. See § 80.9.

80.5 OFFICERS OF PATROL. Repealed by 2005 Acts, ch 35, § 32. See § 80.9, 80.17.

80.6 IMPERSONATING PEACE OFFICER OR EMPLOYEE -- UNIFORM. Any person who impersonates a peace officer or employee of the department, or wears a uniform likely to be confused with the official uniform of any such officer or employee, with intent to deceive anyone, shall be guilty of a simple misdemeanor.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 80.6] 

         Section History: Recent Form

         98 Acts, ch 1074, § 4; 2005 Acts, ch 35, §2
        

80.7 RAILWAY SPECIAL AGENTS. The commissioner of public safety may appoint as special agent any person who is regularly employed by a common carrier by rail to protect the property of said common carrier, its patrons, and employees. Such special agents shall not receive any compensation from the state.

         Section History: Early Form

         [C39, § 1225.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.7]
        

80.8 EMPLOYEES AND PEACE OFFICERS -- SALARIES AND COMPENSATION. 1. The commissioner shall employ personnel as may be required to properly discharge the duties of the department. 2. The commissioner may delegate to the peace officers of the department such additional duties in the enforcement of this chapter as the commissioner may deem proper and incidental to the duties now imposed upon them by law. 3. a. The salaries of peace officers and employees of the department and the expenses of the department shall be provided for by a legislative appropriation. The compensation of peace officers of the department shall be fixed according to grades as to rank and length of service by the commissioner with the approval of the department of administrative services, unless covered by a collective bargaining agreement that provides otherwise. b. The peace officers shall be paid additional compensation in accordance with the following formula: When peace officers have served for a period of five years, their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described five-year period; when peace officers have served for a period of ten years, their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described ten-year period, such sums being in addition to the increase provided herein to be paid after five years of service; when peace officers have served for a period of fifteen years, their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described fifteen-year period, such sums being in addition to the increases previously provided for herein; when peace officers have served for a period of twenty years, their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described twenty-year period, such sums being in addition to the increases previously provided for herein. c. While on active duty, each peace officer shall also receive a flat daily sum as fixed by the commissioner for meals unless the amount of the flat daily sum is covered by a collective bargaining agreement that provides otherwise. d. A collective bargaining agreement entered into between the state and a state employee organization under chapter 20 made final after July 1, 1977, shall not include any pay adjustment to longevity pay authorized under this section. e. Peace officers of the department excluded from the provisions of chapter 20 who are injured in the line of duty shall receive paid time off in the same manner as provided to peace officers of the department covered by a collective bargaining agreement entered into between the state and the employee organization representing such covered peace officers under chapter 20.

         Section History: Early Form

         [C27, 31, § 5017-a1; C35, § 5018-g9; C39, § 1225.12; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 80.8] 

         Section History: Recent Form

         98 Acts, ch 1074, § 5; 2001 Acts, ch 10, §1; 2001 Acts, ch 190,
      §18; 2005 Acts, ch 35, §3; 2008 Acts, ch 1032, §166
         Referred to in § 97A.1
        

80.9 DUTIES OF DEPARTMENT -- DUTIES AND POWERS OF PEACE OFFICERS -- STATE PATROL. 1. It shall be the duty of the department to prevent crime, to detect and apprehend criminals, and to enforce such other laws as are hereinafter specified. 2. The state patrol is established in the department. The patrol shall be under the direction of the commissioner. The number of supervisory officers shall be in proportion to the membership of the state patrol. The department shall maintain a vehicle theft unit in the state patrol to investigate and assist in the examination and identification of stolen, altered, or forfeited vehicles. 3. The department shall be primarily responsible for the enforcement of all laws and rules relating to any controlled substance or counterfeit substance, except for making accountability audits of the supply and inventory of controlled substances in the possession of pharmacists, physicians, hospitals, and health care facilities as defined in section 135C.1, as well as in the possession of any and all other individuals or institutions authorized to have possession of any controlled substances. 4. The department shall collect and classify, and keep at all times available, complete information useful for the detection of crime, and the identification and apprehension of criminals. Such information shall be available for all peace officers within the state, under such regulations as the commissioner may prescribe. 5. The department shall operate such radio broadcasting stations as may be necessary in order to disseminate information which will make possible the speedy apprehension of lawbreakers, as well as such other information as may be necessary in connection with the duties of the department. 6. The department shall provide protection and security for persons and property on the grounds of the state capitol complex. 7. The department shall assist persons who are responsible for the care of private and public land in identifying growing marijuana plants when the plants are reported to the department. The department shall also provide education to the persons regarding methods of eradicating the plants. The department shall adopt rules necessary to carry out this subsection. 8. The department shall receive and review the budget submitted by the state fire marshal and the state fire service and emergency response council. The department shall develop training standards, provide training to fire fighters around the state, and address other issues related to fire service and emergency response as requested by the state fire service and emergency response council. 9. The department shall administer section 100B.31 relating to volunteer emergency services provider death benefits.

         Section History: Early Form

         [C73, § 120; C97, § 147, 148; SS15, § 65-b, 147; C24, § 273,
      13410; C27, 31, § 273, 5017-a1, 13410; C35, § 273, 5018-g6, 13410;
      C39, § 273, 1225.13; C46, 50, 54, 58, 62, 66, 71, § 18.2(1, 4),
      80.9; C73, § 19A.3(4), 80.9; C75, § 18.3(4), 80.9; C77, 79, 81, §
      80.9] 

         Section History: Recent Form

         90 Acts, ch 1179, § 1; 91 Acts, ch 34, § 1; 92 Acts, ch 1238, §
      18; 94 Acts, ch 1154, § 1; 95 Acts, ch 191, § 2; 98 Acts, ch 1074, §
      6; 99 Acts, ch 181, §1; 2000 Acts, ch 1117, §4, 5; 2000 Acts, ch
      1232, §96; 2005 Acts, ch 35, §4--8, 31; 2007 Acts, ch 38, §1--3; 2008
      Acts, ch 1031, §87
         Referred to in § 8D.13
         Department designated as state highway safety agency to receive
      federal funds; Executive Order No. 23; June 9, 1986
        

80.9A AUTHORITY AND DUTIES OF PEACE OFFICERS OF THE DEPARTMENT. 1. A peace officer of the department when authorized by the commissioner shall have and exercise all the powers of any other peace officer of the state. 2. When a peace officer of the department is acting in cooperation with any other local peace officer, or county attorney in general criminal investigation work, or when acting on a special assignment by the commissioner, the jurisdiction of the peace officer is statewide. 3. A peace officer may administer oaths, acknowledge signatures, and take voluntary testimony pursuant to the peace officer's duties as provided by law. 4. An authorized peace officer of the department designated to conduct examinations, investigations, or inspections and enforce the laws relating to controlled or counterfeit substances shall have all the authority of other peace officers and may arrest a person without warrant for offenses under this chapter committed in the peace officer's presence or, in the case of a felony, if the peace officer has probable cause to believe that the person arrested has committed or is committing such offense. A peace officer of the department shall have the same authority as other peace officers to seize controlled or counterfeit substances or articles used in the manufacture or sale of controlled or counterfeit substances which they have reasonable grounds to believe are in violation of law. Such controlled or counterfeit substances or articles shall be subject to forfeiture. 5. In more particular, the duties of a peace officer shall be as follows: a. To enforce all state laws. b. To enforce all laws relating to traffic on the public highways of the state, including those relating to the safe and legal operation of passenger cars, motorcycles, motor trucks and buses; to see that proper safety rules are observed; and to give first aid to the injured. c. To investigate all fires; to apprehend persons suspected of arson; to enforce all safety measures in connection with the prevention of fires; and to disseminate fire-prevention education. 6. A peace officer shall not exercise the general powers of a peace officer within the limits of any city, except as follows: a. When so ordered by the direction of the governor. b. When request is made by the mayor of any city, with the approval of the commissioner. c. When request is made by the sheriff or county attorney of any county with the approval of the commissioner. d. While in the pursuit of law violators or in investigating law violations. e. While making any inspection provided by this chapter, or any additional inspection ordered by the commissioner. f. When engaged in the investigating and enforcing of fire and arson laws. g. When engaged in the investigation and enforcement of laws relating to narcotic, counterfeit, stimulant, and depressant drugs. 7. The limitations specified in subsection 6 shall in no way be construed as a limitation on the power of peace officers when a public offense is being committed in their presence. 8. a. A peace officer of the department, when authorized by the commissioner, may act in concert with, under the direction of, or otherwise serve as a state actor for an officer or agent of the federal government. b. If serving as a state actor for an officer or agent of the federal government as provided in paragraph "a", the peace officer shall be considered acting within the scope of the employee's office or employment as defined in section 669.2, subsection 1.

         Section History: Recent Form

         2008 Acts, ch 1031, §88; 2009 Acts, ch 88, §15
         Referred to in § 80B.13
         Forfeiture procedures, see chapter 809A
        

80.9B HUMAN IMMUNODEFICIENCY VIRUS-RELATED INFORMATION. 1. The provisions of chapter 141A do not apply to the entry of human immunodeficiency virus-related information by criminal or juvenile justice agencies, as defined in section 692.1, into the Iowa criminal justice information system or the national crime information center system. 2. The provisions of chapter 141A also do not apply to the transmission of the same information from either or both information systems to criminal or juvenile justice agencies. 3. The provisions of chapter 141A also do not apply to the transmission of the same information from either or both information systems to employees of state correctional institutions subject to the jurisdiction of the department of corrections, employees of secure facilities for juveniles subject to the jurisdiction of the department of human services, and employees of city and county jails, if those employees have direct physical supervision over inmates of those facilities or institutions. 4. Human immunodeficiency virus-related information shall not be transmitted over the police radio broadcasting system under chapter 693 or any other radio-based communications system. 5. An employee of an agency receiving human immunodeficiency virus-related information under this section who communicates the information to another employee who does not have direct physical supervision over inmates, other than to a supervisor of an employee who has direct physical supervision over inmates for the purpose of conveying the information to such an employee, or who communicates the information to any person not employed by the agency or uses the information outside the agency is guilty of a class "D" felony. 6. The commissioner shall adopt rules regarding the transmission of human immunodeficiency virus-related information including provisions for maintaining confidentiality of the information. The rules shall include a requirement that persons receiving information from the Iowa criminal justice information system or the national crime information center system receive training regarding confidentiality standards applicable to the information received from the system. 7. The commissioner shall develop and establish, in cooperation with the department of corrections and the department of public health, training programs and program criteria for persons receiving human immunodeficiency virus-related information through the Iowa criminal justice information system or the national crime information center system.

         Section History: Recent Form

         2008 Acts, ch 1031, §89
         Referred to in § 8D.13, 141A.9
        

80.10 PEACE OFFICERS SHORT COURSE. Repealed by 2005 Acts, ch 35, § 32.

80.11 COURSE OF INSTRUCTION. The course of instruction for peace officers of the department shall, at a minimum, be equal to the course of instruction required by the Iowa law enforcement academy pursuant to chapter 80B.

         Section History: Early Form

         [C39, § 1225.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.11] 

         Section History: Recent Form

         2005 Acts, ch 35, §9
        

80.12 ATTENDANCE AT SHORT COURSE. Repealed by 2005 Acts, ch 35, § 32.

80.13 TRAINING SCHOOLS. The commissioner may hold a training school for peace officer candidates or for peace officers of the department, and may send to recognized training schools peace officers of the department as the commissioner may deem advisable. The expenses of such school of training shall be paid in the same manner as other expenses paid by the department.

         Section History: Early Form

         [C27, 31, § 5017-a1; C35, § 5018-g10; C39, § 1225.17; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 80.13] 

         Section History: Recent Form

         2005 Acts, ch 35, §10
         Referred to in § 97A.3
        

80.14 DIPLOMAS. To each person satisfactorily completing the course of study prescribed, an appropriate certificate or diploma shall be issued.

         Section History: Early Form

         [C39, § 1225.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.14]
        

80.15 EXAMINATION -- OATH -- PROBATION -- DISCIPLINE -- DISMISSAL. An applicant to be a peace officer in the department shall not be appointed as a peace officer until the applicant has passed a satisfactory physical and mental examination. In addition, the applicant must be a citizen of the United States and be not less than twenty-two years of age. However, an applicant applying for assignment to provide protection and security for persons and property on the grounds of the state capitol complex or a peace officer candidate shall not be less than eighteen years of age. The mental examination shall be conducted under the direction or supervision of the commissioner and may be oral or written or both. An applicant shall take an oath on becoming a peace officer of the department, to uphold the laws and Constitution of the United States and Constitution of the State of Iowa. During the period of twelve months after appointment, a peace officer of the department is subject to dismissal at the will of the commissioner. After the twelve months' service, a peace officer of the department, who was appointed after having passed the examinations, is not subject to dismissal, suspension, disciplinary demotion, or other disciplinary action resulting in the loss of pay unless charges have been filed with the department of inspections and appeals and a hearing held by the employment appeal board created by section 10A.601, if requested by the peace officer, at which the peace officer has an opportunity to present a defense to the charges. The decision of the appeal board is final, subject to the right of judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. However, these procedures as to dismissal, suspension, demotion, or other discipline do not apply to a peace officer who is covered by a collective bargaining agreement which provides otherwise, and do not apply to the demotion of a division head to the rank which the division head held at the time of appointment as division head, if any. A division head who is demoted has the right to return to the rank which the division head held at the time of appointment as division head, if any. All rules, except employment provisions negotiated pursuant to chapter 20, regarding the enlistment, appointment, and employment affecting the personnel of the department shall be established by the commissioner in consultation with the director of the department of administrative services, subject to approval by the governor.

         Section History: Early Form

         [C27, 31, § 5017-a1; C35, § 5018-g3, -g5; C39, § 1225.19; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 80.15] 

         Section History: Recent Form

         86 Acts, ch 1245, § 241; 88 Acts, ch 1235, §2; 98 Acts, ch 1074, §
      7; 2003 Acts, ch 44, §114; 2003 Acts, ch 145, §286; 2005 Acts, ch 35,
      §11
         Referred to in § 80.25A, 97A.1, 97A.3
        

80.16 BONDS. Repealed by 2005 Acts, ch 35, § 32.

80.17 GENERAL ALLOCATION OF DUTIES. 1. In general, the allocation of duties of the department shall be as follows: a. Commissioner's office. b. Division of administrative services. c. Division of criminal investigation. d. Division of state patrol. e. Division of state fire marshal. f. Division of narcotics enforcement. 2. The commissioner may appoint a chief, director, a first and second assistant to the director, and all other supervisory officers in each division. All appointments and promotions shall be made on the basis of seniority and a merit examination. 3. The aforesaid allocation of duties shall not be interpreted to prevent flexibility in interdepartmental operations or to forbid other divisional allocations of duties in the discretion of the commissioner.

         Section History: Early Form

         [SS15, § 147; C24, 27, 31, 35, 39, § 273(4), 1225.21; C46, 50,
      54, 58, 62, 66, 71, § 18.2(4), 80.17; C73, § 19B.12(2), 80.17; C75, §
      18.12(2), 80.17; C77, 79, 81, § 80.17] 

         Section History: Recent Form

         98 Acts, ch 1074, § 8; 2000 Acts, ch 1154, §9; 2003 Acts, ch 108,
      §24; 2005 Acts, ch 35, §12
         Referred to in § 99F.1
         State fire marshal, chapter 100
         Division of criminal investigation, chapter 690
        

80.18 EXPENSES AND SUPPLIES -- REIMBURSEMENT. The commissioner shall provide peace officers of the department when on duty, with suitable uniforms, subsistence, arms, equipment, quarters, and other necessary supplies, and also the expense and means of travel and boarding, according to rules adopted by the commissioner, and as may be provided by appropriation. The department may expend moneys from the support allocation of the department as reimbursement for replacement or repair of personal items of the department's peace officers or employees damaged or destroyed during a peace officer's or employee's course of employment. However, the reimbursement shall not exceed the greater of one hundred fifty dollars or the amount agreed to under the collective bargaining agreement for each item. The department shall adopt rules in accordance with chapter 17A to administer this paragraph.

         Section History: Early Form

         [SS15, § 65-c; C24, § 13408; C27, 31, § 5017-a1, 13408; C35, §
      5018-g7, 13408; C39, § 1225.22; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 80.18] 

         Section History: Recent Form

         89 Acts, ch 317, §23; 2005 Acts, ch 35, §13
         Referred to in § 452A.76
        

80.19 PUBLIC SAFETY EDUCATION. The commissioner may cooperate with any recognized agency in the education of the public in highway safety. Any recognized agency receiving appropriations of state money for public safety shall annually file with the auditor of state an itemized statement of all its receipts and expenditures.

         Section History: Early Form

         [C39, § 1225.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.19] 

         Section History: Recent Form

         2005 Acts, ch 35, §14
        

80.20 DIVISIONAL HEADQUARTERS. The commissioner may, subject to the approval of the governor, establish divisional headquarters at various places in the state. Supervisory officers may be at all times on duty in each district headquarters.

         Section History: Early Form

         [C39, § 1225.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.20] 

         Section History: Recent Form

         2005 Acts, ch 35, §15
        

80.21 FEES AND REWARDS. No fees or rewards shall be retained personally by members of the department in addition to their salaries, and any such fees or rewards earned by any members of said department shall be credited to the fund as herein provided to pay the expenses of this department. All salaries herein provided for and all expenses incurred under the provisions of this chapter shall be allowed and audited in the same manner as in other state offices, and shall be payable out of moneys hereafter appropriated.

         Section History: Early Form

         [C27, 31, § 5017-a1; C35, § 5018-g11; C39, § 1225.25; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 80.21]
        

80.22 PROHIBITION ON OTHER DEPARTMENTS. All other departments and bureaus of the state are hereby prohibited from employing special peace officers or conferring upon regular employees any police powers to enforce provisions of the statutes which are specifically reserved by 1939 Iowa Acts, ch. 120, to the department of public safety. But the commissioner of public safety shall, upon the requisition of the attorney general, from time to time assign for service in the department of justice such of its officers, not to exceed six in number, as may be requisitioned by the attorney general for special service in the department of justice, and when so assigned such officers shall be under the exclusive direction and control of the attorney general.

         Section History: Early Form

         [C24, 27, 31, 35, § 1340.7; C39, § 1225.26; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 80.22] 

         Section History: Recent Form

         2003 Acts, ch 44, §29; 2006 Acts, ch 1010, §43
        

80.23 SPECIAL STATE AGENTS -- MEANING. If the term "special state agents" is used in the Code in connection with law enforcement, the term shall be construed to mean a peace officer of the department.

         Section History: Early Form

         [C39, § 1225.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.23] 

         Section History: Recent Form

         2005 Acts, ch 35, §16
        

80.24 INDUSTRIAL DISPUTES. A peace officer of the department shall not be used or called upon for service within any municipality involving an industrial dispute unless a threat of imminent violence exists, and then only either by order of the governor or on the request of the chief executive officer of the municipality or the sheriff of the county where the threat of imminent violence exists if such request is approved by the governor.

         Section History: Early Form

         [C39, § 1225.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 80.24] 

         Section History: Recent Form

         2005 Acts, ch 35, §17; 2006 Acts, ch 1034, §1, 3
        

80.25 DIVISION OF BEER AND LIQUOR ENFORCEMENT. Repealed by 2005 Acts, ch 35, § 32.

80.25A PARI-MUTUEL AND GAMBLING GAME INVESTIGATION AND ENFORCEMENT. The commissioner of public safety shall direct the chief of the division of criminal investigation to establish a subdivision to be the primary criminal investigative and enforcement agency for the purpose of enforcement of chapters 99D and 99F. The commissioner of public safety shall appoint or assign other agents to the division as necessary to enforce chapters 99D and 99F. All enforcement officers, assistants, and agents of the division are subject to section 80.15 except clerical workers.

         Section History: Recent Form

         83 Acts, ch 187, § 30; 89 Acts, ch 67, §19; 2005 Acts, ch 35, §31
        

80.26 Repealed by 94 Acts, ch 1080, § 1.

80.27 DRUG LAW ENFORCEMENT BY DEPARTMENT. Repealed by 2005 Acts, ch 35, § 32. See § 80.9.

80.28 STATEWIDE INTEROPERABLE COMMUNICATIONS SYSTEM BOARD -- ESTABLISHED -- MEMBERS. 1. A statewide interoperable communications system board is established, under the joint purview of the department and the state department of transportation. The board shall develop, implement, and oversee policy, operations, and fiscal components of communications interoperability efforts at the state and local level, and coordinate with similar efforts at the federal level, with the ultimate objective of developing and overseeing the operation of a statewide integrated public safety communications interoperability system. For the purposes of this section and section 80.29, "interoperability" means the ability of public safety and public services personnel to communicate and to share data on an immediate basis, on demand, when needed, and when authorized. 2. The board shall consist of fifteen voting members, as follows: a. The following members representing state agencies: (1) One member representing the department of public safety. (2) One member representing the state department of transportation. (3) One member representing the homeland security and emergency management division. (4) One member representing the department of corrections. (5) One member representing the department of natural resources. (6) One member representing the Iowa department of public health. b. The governor shall solicit and consider recommendations from professional or volunteer organizations in appointing the following members: (1) Two members who are representatives from municipal police departments. (2) Two members who are representatives of sheriff's offices. (3) Two members who are representatives from fire departments. One of the members shall be a volunteer fire fighter and the other member shall be a paid fire fighter. (4) Two members who are law communication center managers employed by state or local government agencies. (5) One at-large member. 3. In addition to the voting members, the board membership shall include four members of the general assembly with one member designated by each of the following: the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives. A legislative member serves for a term as provided in section 69.16B in an ex officio, nonvoting capacity and is eligible for per diem and expenses as provided in section 2.10. 4. The voting members of the board shall be appointed in compliance with sections 69.16 and 69.16A. Members shall elect a chairperson and vice chairperson from the board membership, who shall serve two-year terms. The members appointed by the governor shall be appointed to three-year staggered terms and the terms shall commence and end as provided by section 69.19. If a vacancy occurs among the voting members, a successor shall be appointed to serve the unexpired term. A successor shall be appointed in the same manner and subject to the same qualifications as the original appointment to serve the unexpired term. The voting members of the board are entitled to receive reimbursement for actual expenses incurred while engaged in the performance of official duties from funds appropriated to the department of public safety and the state department of transportation for that purpose. The departments shall enter into an agreement to provide administrative assistance and support to the board.

         Section History: Recent Form

         2007 Acts, ch 90, §1; 2009 Acts, ch 14, §1--4; 2009 Acts, ch 165,
      §1, 4
         Referred to in § 80.29
        

80.29 BOARD DUTIES. The statewide interoperable communications system board established in section 80.28 shall: 1. Implement and maintain organizational and operational elements of the board, including staffing and program activity. 2. Review and monitor communications interoperability performance and service levels on behalf of agencies. 3. Establish, monitor, and maintain appropriate policies and protocols to ensure that interoperable communications systems function properly. 4. Allocate and oversee state appropriations or other funding received for interoperable communications. 5. Identify sources for ongoing, sustainable, longer-term funding for communications interoperability projects, including available and future assets that will leverage resources and provide incentives for communications interoperability participation, and develop and obtain adequate funding in accordance with a communications interoperability sustainability plan. 6. Develop and evaluate potential legislative solutions to address the funding and resource challenges of implementing statewide communications interoperability initiatives. 7. Develop a statewide integrated public safety communications interoperability system that allows for shared communications systems and costs, takes into account infrastructure needs and requirements, improves reliability, and addresses liability concerns of the shared network. 8. Investigate data and video interoperability systems. 9. Expand, maintain, and fund consistent, periodic training programs for current communications systems and for the statewide integrated public safety communications interoperability system as it is implemented. 10. Expand, maintain, and fund stakeholder education, public education, and public official education programs to demonstrate the value of short-term communications interoperability solutions, and to emphasize the importance of developing and funding long-term solutions, including implementation of the statewide integrated public safety communications interoperability system. 11. Identify, promote, and provide incentives for appropriate collaborations and partnerships among government entities, agencies, businesses, organizations, and associations, both public and private, relating to communications interoperability. 12. Provide incentives to support maintenance and expansion of regional efforts to promote implementation of the statewide integrated public safety communications interoperability system. 13. In performing its duties, consult with representatives of private businesses, organizations, and associations on technical matters relating to data, video, and communications interoperability; technological developments in private industry; and potential collaboration and partnership opportunities. 14. Submit a report by January 1, annually, to the members of the general assembly regarding communications interoperability efforts, activities, and effectiveness at the local and regional level, and shall include a status report regarding the development of a statewide integrated public safety communications interoperability system, and funding requirements relating thereto.

         Section History: Recent Form

         2007 Acts, ch 90, §2
         Referred to in § 80.28
        

80.30 INDIVIDUAL QUALIFICATIONS. Repealed by 2005 Acts, ch 35, § 32.

80.31 Repealed by 89 Acts, ch 83, § 87.

80.32 Repealed by 73 Acts, ch 11, § 8.

80.33 ACCESS TO DRUG RECORDS BY PEACE OFFICERS. A person required by law to keep records, and a carrier maintaining records with respect to any shipment containing any controlled or counterfeit substances shall, upon request of an authorized peace officer of the department designated by the commissioner, permit such peace officer at reasonable times to have access to and copy such records. For the purpose of examining and verifying such records, an authorized peace officer of the department designated by the commissioner, may enter at reasonable times any place or vehicle in which any controlled or counterfeit substance is held, manufactured, dispensed, compounded, processed, sold, delivered, or otherwise disposed of and inspect such place or vehicle and the contents of such place or vehicle. For the purpose of enforcing laws relating to controlled or counterfeit substances, and upon good cause shown, a peace officer of the department shall be allowed to inspect audits and records in the possession of the board of pharmacy.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80.33] 

         Section History: Recent Form

         2005 Acts, ch 35, §18; 2006 Acts, ch 1010, §44; 2007 Acts, ch 10,
      §7
        

80.34 PEACE OFFICER -- AUTHORITY. Repealed by 2008 Acts, ch 1031, § 94. See § 80.9A.

80.35 TRANSITION. Repealed by 2005 Acts, ch 35, § 32.

80.36 MAXIMUM AGE. A person shall not be employed as a peace officer in the department after attaining sixty-five years of age.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, § 97A.6(1, b); C81, §
      80.36] 

         Section History: Recent Form

         92 Acts, ch 1232, § 503; 98 Acts, ch 1183, § 107; 2002 Acts, ch
      1135, §1; 2005 Acts, ch 35, §20
        

80.37 REIMBURSEMENT OF DEFENSE COSTS. 1. If a peace officer employed in any division of the department is charged with the alleged commission of public offense, based on acts or omissions within the scope of the officer's lawful duty or authority, and the charge is dismissed or the officer is acquitted of the charge, the presiding magistrate or judge shall enter judgment awarding reimbursement to the officer for any costs incurred in defending against the charge, including but not limited to a reasonable attorney fee, if the court finds the existence of any of the following grounds: a. The charge was without probable cause. b. The charge was filed for malicious purposes. c. The charge was unwarranted in consideration of all of the circumstances and matters of law attending the alleged offense. 2. The officer may apply for review of a failure or refusal to rule or an adverse ruling as to the existence of any of the above grounds. The application shall be to a district judge if the officer is seeking review of the act of a magistrate or district associate judge and it shall be to a different district judge if review is sought of an act of a district judge.

         Section History: Recent Form

         84 Acts, ch 1259, § 5; 2008 Acts, ch 1032, §201
        

80.38 Reserved.

80.39 DISPOSITION OF PERSONAL PROPERTY. 1. Personal property, except for motor vehicles subject to sale pursuant to section 321.89, and seizable property subject to disposition pursuant to chapter 809 or 809A, which personal property is found or seized by, turned in to, or otherwise lawfully comes into the possession of the department or a local law enforcement agency and which the department or agency does not own, shall be disposed of pursuant to this section. If by examining the property the owner or lawful custodian of the property is known or can be readily ascertained, the department or agency shall notify the owner or custodian by certified mail directed to the owner's or custodian's last known address, as to the location of the property. If the identity or address of the owner cannot be determined, notice by one publication in a newspaper of general circulation in the area where the property was found is sufficient notice. A published notice may contain multiple items. 2. The department or agency may return the property to a person if that person or the person's representative does all of the following: a. Appears at the location where the property is located. b. Provides proper identification. c. Demonstrates ownership or lawful possession of the property to the satisfaction of the department or agency. 3. After ninety days following the mailing or publication of the notice required by this section, or if the owner or lawful custodian of the property is unknown or cannot be readily determined, or the department or agency has not turned the property over to the owner, the lawful custodian, or the owner's or custodian's representative, the department or agency may dispose of the property in any lawful way, including but not limited to the following: a. Selling the property at public auction with the proceeds, less department or agency expenses, going to the general fund of the state if sold by the department, the rural services fund if sold by a county agency, and the general fund of a city if sold by a city agency; however, the department or agency shall be reimbursed from the proceeds for the reasonable expenses incurred in selling the property at the auction. b. Retaining the property for the department's or agency's own use. c. Giving the property to another agency of government. d. Giving the property to an appropriate charitable organization. e. Destroying the property. 4. Except when a person appears in person or through a representative within the time periods set by this section, and satisfies the department or agency that the person is the owner or lawful custodian of the property, disposition of the property shall be at the discretion of the department or agency. The department or agency shall maintain the receipt and disposition records for all property processed under this section. Good faith compliance with this section is a defense to any claim or action at law or in equity regarding the disposition of the property.

         Section History: Recent Form

         84 Acts, ch 1154, § 1; 85 Acts, ch 201, §1; 86 Acts, ch 1140, § 1;
      86 Acts, ch 1237, § 4; 96 Acts, ch 1133, §39; 2000 Acts, ch 1203, §1;
      2005 Acts, ch 35, §21
         Referred to in § 331.652, 364.22
        

80.40 Reserved.

80.41 Repealed by 99 Acts, ch 202, § 27.

80.42 SICK LEAVE BENEFITS FUND. 1. A sick leave benefits fund is established in the office of the treasurer of state under the control of the department of public safety. The moneys annually credited to the fund are appropriated to the department to pay health and life insurance monthly premium costs for retired departmental employees and beneficiaries who are eligible to receive benefits for accrued sick leave under the collective bargaining agreement with the state police officers council or pursuant to section 70A.23. 2. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys credited to the sick leave benefits fund shall be credited to the sick leave benefits fund. Notwithstanding section 8.33, moneys credited to the sick leave benefits fund at the end of a fiscal year shall not revert to any other fund but shall remain in the fund for purposes of the fund. 3. Notwithstanding section 8.39, if funds are needed to pay monthly premium costs as provided for in subsection 1, sufficient funds may be transferred and credited to the sick leave benefits fund from any moneys appropriated to the department.

         Section History: Recent Form

         2001 Acts, ch 186, §17

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