House
File
2416
H-8165
Amend
House
File
2416
as
follows:
1
1.
By
striking
page
1,
line
1,
through
page
2,
line
33,
and
2
inserting:
3
<
Section
1.
Section
321.477,
Code
2018,
is
amended
to
read
4
as
follows:
5
321.477
Employees
as
peace
officers
——
maximum
age.
6
1.
The
department
may
designate
by
resolution
certain
of
its
7
employees
upon
each
of
whom
there
is
conferred
the
authority
of
8
a
peace
officer
to
enforce
all
laws
of
the
this
state
including
9
but
not
limited
to
the
rules
and
regulations
of
the
department.
10
Employees
designated
as
peace
officers
pursuant
to
this
section
11
shall
have
the
same
powers
,
duties,
privileges,
and
immunities
12
conferred
by
law
on
peace
officers
for
relating
to
the
13
enforcement
of
all
laws
of
this
state
and
the
apprehension
of
14
violators.
The
department
and
the
department
of
public
safety
15
shall
coordinate
to
provide
effective
and
efficient
enforcement
16
of
all
laws
of
this
state,
including
any
related
regulatory
17
actions.
18
2.
Employees
designated
as
peace
officers
pursuant
to
this
19
section
who
are
assigned
to
the
supervision
of
the
highways
20
of
this
state
shall
spend
the
preponderance
of
their
time
21
conducting
enforcement
activities
that
assure
the
safe
and
22
lawful
movement
and
operation
of
commercial
motor
vehicles
and
23
vehicles
transporting
loads,
including
but
not
limited
to
the
24
enforcement
of
motor
vehicle
laws
relating
to
the
operating
25
authority,
registration,
size,
weight,
and
load
of
motor
26
vehicles
and
trailers,
and
registration
of
a
motor
carrier’s
27
interstate
transportation
service
with
the
department.
28
3.
2.
Employees
designated
as
peace
officers
pursuant
to
29
this
section
shall
not
exercise
the
general
powers
of
a
peace
30
officer
within
the
limits
of
any
city,
except
as
follows:
31
a.
When
so
ordered
by
the
direction
of
the
governor.
32
b.
When
request
is
made
by
the
mayor
of
any
city,
with
the
33
approval
of
the
director.
34
c.
When
request
is
made
by
the
sheriff
or
county
attorney
of
35
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#1.
any
county,
with
the
approval
of
the
director.
1
d.
While
in
the
pursuit
of
law
violators
or
in
investigating
2
law
violations.
3
e.
While
making
any
inspection
provided
by
this
chapter
,
or
4
any
additional
inspection
ordered
by
the
director.
5
f.
When
engaged
in
the
investigation
and
enforcement
of
laws
6
relating
to
narcotic,
counterfeit,
stimulant,
and
depressant
7
drugs.
8
4.
3.
The
limitations
specified
in
subsection
3
2
shall
in
9
no
way
be
construed
as
a
limitation
on
the
power
of
employees
10
designated
as
peace
officers
pursuant
to
this
section
when
a
11
public
offense
is
being
committed
in
their
presence.
12
5.
4.
a.
The
department
shall
establish
operational
13
requirements
to
assure
that
at
least
ninety
percent
of
all
14
collective
enforcement
activities
performed
by
employees
15
designated
as
peace
officers
pursuant
to
this
section
who
16
are
assigned
to
the
supervision
of
the
highways
of
this
17
state
shall
be
devoted
to
the
protection
of
highway
assets
18
and
to
activities
that
assure
the
safe
and
lawful
movement
19
and
operation
of
commercial
motor
vehicles
and
vehicles
20
transporting
loads,
including
but
not
limited
to
all
of
the
21
following:
22
(1)
The
enforcement
of
motor
vehicle
laws
relating
to
23
the
operating
authority,
registration,
size,
weight,
and
24
load
of
motor
vehicles
and
trailers,
and
registration
of
a
25
motor
carrier’s
interstate
transportation
service
with
the
26
department.
27
(2)
The
enforcement
of
federal
motor
carrier
safety
28
regulations
and
federal
motor
carrier
hazardous
materials
29
regulations
as
adopted
in
this
chapter
and
in
rules
adopted
by
30
the
department
under
this
chapter.
31
(3)
The
performance
of
activities
required
for
32
participation
in
the
motor
carrier
safety
assistance
program
33
and
the
high
priority
program
administered
under
49
C.F.R.
pt.
34
350.
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(4)
The
control
and
direction
of
traffic.
1
(5)
The
enforcement
of
motor
vehicle
laws
in
road
work
2
zones.
3
b.
The
department
shall
submit
a
report
to
the
general
4
assembly
on
or
before
December
1
of
each
year
that
details
the
5
nature
and
scope
of
enforcement
activities
conducted
in
the
6
previous
fiscal
year
by
employees
designated
as
peace
officers
7
pursuant
to
this
section
who
are
assigned
to
the
supervision
8
of
the
highways
of
this
state.
The
report
shall
include
a
9
comparison
of
commercial
and
noncommercial
motor
vehicle
10
enforcement
activities
conducted
by
such
employees
and
any
11
other
information
necessary
to
demonstrate
the
department’s
12
compliance
with
the
operational
requirements
established
13
pursuant
to
this
section
.
14
c.
The
operational
requirements
established
pursuant
to
15
this
section
are
intended
to
assure
the
effective
use
of
the
16
department’s
resources.
The
failure
of
the
department
or
17
employees
designated
as
peace
officers
pursuant
to
this
section
18
to
meet
the
operational
requirements
shall
not
be
a
defense
to
19
any
charge
in
the
prosecution
of
a
person
arrested
or
issued
20
a
citation
in
lieu
of
arrest
by
an
employee
designated
as
a
21
peace
officer
pursuant
to
this
section,
and
shall
not
create
a
22
private
cause
of
action.
23
6.
5.
The
maximum
age
for
a
person
employed
as
a
peace
24
officer
pursuant
to
this
section
is
sixty-five
years
of
age.
>
25
2.
By
renumbering
as
necessary.
26
______________________________
WORTHAN
of
Buena
Vista
-3-
HF2416.4271
(1)
87
ns/rh
3/
3
#2.