H-8165

   Amend House File 2416 as follows:
   1.  By striking page 1, line 1, through page 2, line 33, and inserting: 
   Section 1.  Section 321.477, Code 2018, is amended to read as follows:
   321.477  Employees as peace officers —— maximum age.
   1.  The department may designate by resolution certain of its employees upon each of whom there is conferred the authority of a peace officer to enforce all laws of the this state including but not limited to the rules and regulations of the department. Employees designated as peace officers pursuant to this section shall have the same powers, duties, privileges, and immunities conferred by law on peace officers for relating to the enforcement of all laws of this state and the apprehension of violators.  The department and the department of public safety shall coordinate to provide effective and efficient enforcement of all laws of this state, including any related regulatory actions.
   2.  Employees designated as peace officers pursuant to this section who are assigned to the supervision of the highways of this state shall spend the preponderance of their time conducting enforcement activities that assure the safe and lawful movement and operation of commercial motor vehicles 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 the department.
   3.  2.  Employees designated as peace officers pursuant to this section 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 director.
   c.  When request is made by the sheriff or county attorney of any county, with the approval of the director.
   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 director.
   f.  When engaged in the investigation and enforcement of laws relating to narcotic, counterfeit, stimulant, and depressant drugs.
   4.  3.  The limitations specified in subsection 3 2 shall in no way be construed as a limitation on the power of employees designated as peace officers pursuant to this section when a public offense is being committed in their presence.
   5.  4.  a.  The department shall establish operational requirements to assure that at least ninety percent of all collective enforcement activities performed by employees designated as peace officers pursuant to this section who are assigned to the supervision of the highways of this state shall be devoted to the protection of highway assets and to activities that assure the safe and lawful movement and operation of commercial motor vehicles and vehicles transporting loads, including but not limited to all of the following:
   (1)  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 the department.
   (2)  The enforcement of federal motor carrier safety regulations and federal motor carrier hazardous materials regulations as adopted in this chapter and in rules adopted by the department under this chapter.
   (3)  The performance of activities required for participation in the motor carrier safety assistance program and the high priority program administered under 49 C.F.R. pt. 350.
   (4)  The control and direction of traffic.
   (5)  The enforcement of motor vehicle laws in road work zones.
   b.  The department shall submit a report to the general assembly on or before December 1 of each year that details the nature and scope of enforcement activities conducted in the previous fiscal year by employees designated as peace officers pursuant to this section who are assigned to the supervision of the highways of this state. The report shall include a comparison of commercial and noncommercial motor vehicle enforcement activities conducted by such employees and any other information necessary to demonstrate the department’s compliance with the operational requirements established pursuant to this section.
   c.  The operational requirements established pursuant to this section are intended to assure the effective use of the department’s resources. The failure of the department or employees designated as peace officers pursuant to this section to meet the operational requirements shall not be a defense to any charge in the prosecution of a person arrested or issued a citation in lieu of arrest by an employee designated as a peace officer pursuant to this section, and shall not create a private cause of action.
   6.  5.  The maximum age for a person employed as a peace officer pursuant to this section is sixty-five years of age.>
   2.  By renumbering as necessary.

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WORTHAN of Buena Vista