S-5033

   Amend Senate File 2326 as follows:
   1.  Page 1, line 5, after <state> by inserting <,>
   2.  Page 1, line 6, by striking <department.> and inserting <department, against commercial motor vehicles, subject to the limitations set forth in subsection 1A, and to enforce the laws of the state against noncommercial motor vehicles as described in subsection 1B.>
   3.  Page 1, line 10, by striking <all laws of this state> and inserting <all such laws of this state>
   4.  Page 1, line 13, by striking <subsection> and inserting <subsections>
   5.  Page 1, before line 14 by inserting: 
   <NEW SUBSECTION.  1A.  An employee designated as a peace officer pursuant to this section, when performing a traffic stop of a commercial motor vehicle for a speeding violation, shall do one of the following:
   a.  For a speeding violation of ten miles per hour or less over the legal speed limit, the employee shall not issue a citation for the violation unless the person was operating the commercial motor vehicle in an erratic manner.
   b.  For a speeding violation of more than ten miles per hour but less than sixteen miles per hour over the legal speed limit, the employee shall issue a citation for the violation, but may use the employee’s discretion to issue a citation for a violation of ten miles per hour over the legal speed limit. 
   c.  For a speeding violation of sixteen miles per hour or more over the legal speed limit, the employee shall issue a citation for the violation. 
   NEW SUBSECTION.  1B.  An employee designated as a peace officer pursuant to this section shall not perform a traffic stop of a noncommercial motor vehicle unless the vehicle poses an imminent danger to the public or unless the stop is a result of a request for assistance by a law enforcement agency or peace officer with authority to stop noncommercial motor vehicles. For purposes of this subsection, “imminent danger to the public” includes but is not limited to a motor vehicle operating twenty-five miles per hour or more over the legal speed limit or operating in an erratic manner such as weaving in and out of traffic at high speeds or swerving across the traveled portion of the roadway.>
   6.  By renumbering as necessary.

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JEFF DANIELSON