Senate File 2326 - Reprinted SENATE FILE 2326 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 3192) (As Amended and Passed by the Senate March 12, 2018 ) A BILL FOR An Act relating to the coordination of enforcement activities 1 between the department of transportation and the department 2 of public safety, including provisions relating to 3 department of transportation employees designated as peace 4 officers, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 2326 (3) 87 ns/rh/jh

S.F. 2326 Section 1. Section 321.477, Code 2018, is amended to read 1 as follows: 2 321.477 Employees as peace officers —— maximum age. 3 1. The department may designate by resolution certain of its 4 employees upon each of whom there is conferred the authority of 5 a peace officer to enforce all laws of the this state including 6 but not limited to the rules and regulations of the department. 7 Employees designated as peace officers pursuant to this section 8 shall have the same powers , duties, privileges, and immunities 9 conferred by law on peace officers for relating to the 10 enforcement of all laws of this state and the apprehension of 11 violators. The department and the department of public safety 12 shall coordinate to provide effective and efficient enforcement 13 of all laws of this state, including any related regulatory 14 actions. 15 2. Employees designated as peace officers pursuant to this 16 section who are assigned to the supervision of the highways 17 of this state shall spend the preponderance of their time 18 conducting enforcement activities that assure the safe and 19 lawful movement and operation of commercial motor vehicles and 20 vehicles transporting loads, including but not limited to the 21 enforcement of motor vehicle laws relating to the operating 22 authority, registration, size, weight, and load of motor 23 vehicles and trailers, and registration of a motor carrier’s 24 interstate transportation service with the department. 25 3. 2. Employees designated as peace officers pursuant to 26 this section shall not exercise the general powers of a peace 27 officer within the limits of any city, except as follows: 28 a. When so ordered by the direction of the governor. 29 b. When request is made by the mayor of any city, with the 30 approval of the director. 31 c. When request is made by the sheriff or county attorney of 32 any county, with the approval of the director. 33 d. While in the pursuit of law violators or in investigating 34 law violations. 35 -1- SF 2326 (3) 87 ns/rh/jh 1/ 3

S.F. 2326 e. While making any inspection provided by this chapter , or 1 any additional inspection ordered by the director. 2 f. When engaged in the investigation and enforcement of laws 3 relating to narcotic, counterfeit, stimulant, and depressant 4 drugs. 5 4. 3. The limitations specified in subsection 3 2 shall in 6 no way be construed as a limitation on the power of employees 7 designated as peace officers pursuant to this section when a 8 public offense is being committed in their presence. 9 5. 4. a. The department shall establish operational 10 requirements to assure that at least ninety percent of all 11 collective enforcement activities performed by employees 12 designated as peace officers pursuant to this section who 13 are assigned to the supervision of the highways of this 14 state shall be devoted to the protection of highway assets 15 and to activities that assure the safe and lawful movement 16 and operation of commercial motor vehicles and vehicles 17 transporting loads, including but not limited to all of the 18 following: 19 (1) The enforcement of motor vehicle laws relating to 20 the operating authority, registration, size, weight, and 21 load of motor vehicles and trailers, and registration of a 22 motor carrier’s interstate transportation service with the 23 department. 24 (2) The enforcement of federal motor carrier safety 25 regulations and federal motor carrier hazardous materials 26 regulations as adopted in this chapter and in rules adopted by 27 the department under this chapter. 28 (3) The performance of activities required for 29 participation in the motor carrier safety assistance program 30 and the high priority program administered under 49 C.F.R. pt. 31 350. 32 (4) The control and direction of traffic. 33 (5) The enforcement of motor vehicle laws in road work 34 zones. 35 -2- SF 2326 (3) 87 ns/rh/jh 2/ 3

S.F. 2326 b. The department shall submit a report to the general 1 assembly on or before December 1 of each year that details the 2 nature and scope of enforcement activities conducted in the 3 previous fiscal year by employees designated as peace officers 4 pursuant to this section who are assigned to the supervision 5 of the highways of this state. The report shall include a 6 comparison of commercial and noncommercial motor vehicle 7 enforcement activities conducted by such employees and any 8 other information necessary to demonstrate the department’s 9 compliance with the operational requirements established 10 pursuant to this section . 11 c. The operational requirements established pursuant to 12 this section are intended to assure the effective use of the 13 department’s resources. The failure of the department or 14 employees designated as peace officers pursuant to this section 15 to meet the operational requirements shall not be a defense to 16 any charge in the prosecution of a person arrested or issued 17 a citation in lieu of arrest by an employee designated as a 18 peace officer pursuant to this section, and shall not create a 19 private cause of action. 20 6. 5. The maximum age for a person employed as a peace 21 officer pursuant to this section is sixty-five years of age. 22 Sec. 2. REPEAL. 2017 Iowa Acts, chapter 149, section 4, is 23 repealed. 24 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 25 importance, takes effect upon enactment. 26 -3- SF 2326 (3) 87 ns/rh/jh 3/ 3