Senate File 2326 S-5133 Amend Senate File 2326 as follows: 1 1. Page 1, by striking lines 1 through 17 and inserting: 2 < Sec. ___. Section 321.477, Code 2018, is amended to read 3 as follows: 4 321.477 Employees as peace officers —— maximum age. 5 1. The department may designate by resolution certain of its 6 employees upon each of whom there is conferred the authority of 7 a peace officer to enforce all laws of the this state including 8 but not limited to the rules and regulations of the department. 9 Employees designated as peace officers pursuant to this section 10 shall have the same powers , duties, privileges, and immunities 11 conferred by law on peace officers for relating to the 12 enforcement of all laws of this state and the apprehension of 13 violators. The department and the department of public safety 14 shall coordinate to provide effective and efficient enforcement 15 of all laws of this state, including any related regulatory 16 actions. 17 2. Employees designated as peace officers pursuant to this 18 section who are assigned to the supervision of the highways 19 of this state shall spend the preponderance of their time 20 conducting enforcement activities that assure the safe and 21 lawful movement and operation of commercial motor vehicles and 22 vehicles transporting loads, including but not limited to the 23 enforcement of motor vehicle laws relating to the operating 24 authority, registration, size, weight, and load of motor 25 vehicles and trailers, and registration of a motor carrier’s 26 interstate transportation service with the department. 27 3. 2. Employees designated as peace officers pursuant to 28 this section shall not exercise the general powers of a peace 29 officer within the limits of any city, except as follows: 30 a. When so ordered by the direction of the governor. 31 b. When request is made by the mayor of any city, with the 32 approval of the director. 33 c. When request is made by the sheriff or county attorney of 34 any county, with the approval of the director. 35 -1- SF2326.4550 (1) 87 (amending this SF 2326 to CONFORM to H-8165) ns/rh 1/ 3 #1.
d. While in the pursuit of law violators or in investigating 1 law violations. 2 e. While making any inspection provided by this chapter , or 3 any additional inspection ordered by the director. 4 f. When engaged in the investigation and enforcement of laws 5 relating to narcotic, counterfeit, stimulant, and depressant 6 drugs. 7 4. 3. The limitations specified in subsection 3 2 shall in 8 no way be construed as a limitation on the power of employees 9 designated as peace officers pursuant to this section when a 10 public offense is being committed in their presence. 11 5. 4. a. The department shall establish operational 12 requirements to assure that at least ninety percent of all 13 collective enforcement activities performed by employees 14 designated as peace officers pursuant to this section who 15 are assigned to the supervision of the highways of this 16 state shall be devoted to the protection of highway assets 17 and to activities that assure the safe and lawful movement 18 and operation of commercial motor vehicles and vehicles 19 transporting loads, including but not limited to all of the 20 following: 21 (1) The enforcement of motor vehicle laws relating to 22 the operating authority, registration, size, weight, and 23 load of motor vehicles and trailers, and registration of a 24 motor carrier’s interstate transportation service with the 25 department. 26 (2) The enforcement of federal motor carrier safety 27 regulations and federal motor carrier hazardous materials 28 regulations as adopted in this chapter and in rules adopted by 29 the department under this chapter. 30 (3) The performance of activities required for 31 participation in the motor carrier safety assistance program 32 and the high priority program administered under 49 C.F.R. pt. 33 350. 34 (4) The control and direction of traffic. 35 -2- SF2326.4550 (1) 87 (amending this SF 2326 to CONFORM to H-8165) ns/rh 2/ 3
(5) The enforcement of motor vehicle laws in road work 1 zones. 2 b. The department shall submit a report to the general 3 assembly on or before December 1 of each year that details the 4 nature and scope of enforcement activities conducted in the 5 previous fiscal year by employees designated as peace officers 6 pursuant to this section who are assigned to the supervision 7 of the highways of this state. The report shall include a 8 comparison of commercial and noncommercial motor vehicle 9 enforcement activities conducted by such employees and any 10 other information necessary to demonstrate the department’s 11 compliance with the operational requirements established 12 pursuant to this section . 13 c. The operational requirements established pursuant to 14 this section are intended to assure the effective use of the 15 department’s resources. The failure of the department or 16 employees designated as peace officers pursuant to this section 17 to meet the operational requirements shall not be a defense to 18 any charge in the prosecution of a person arrested or issued 19 a citation in lieu of arrest by an employee designated as a 20 peace officer pursuant to this section, and shall not create a 21 private cause of action. 22 6. 5. The maximum age for a person employed as a peace 23 officer pursuant to this section is sixty-five years of age. > 24 2. By renumbering as necessary. 25 ______________________________ MICHAEL BREITBACH -3- SF2326.4550 (1) 87 (amending this SF 2326 to CONFORM to H-8165) ns/rh 3/ 3 #2.