Struck = removed from the bill ·
added = the amendment's new text.
House File 463 -S-3265 EnrolledAmend House File 463463, ANas ACTamended, RELATINGpassed, TOand THEreprinted ENFORCEMENTby OFthe MOTORHouse, VEHICLEas LAWSfollows: AND THE REGULATION OF COMMERCIAL MOTOR VEHICLES AND CERTAIN OPERATORS BY THE DEPARTMENT OF TRANSPORTATION, AND INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1.
Section 321.180, subsection 2, paragraph c, Code 2017, is amended to read as follows:
c.
A commercial learner’s permit shall be valid for a period not to exceed one hundred eighty days the period provided in 49 C.F.R.
§383.25(c) and 49 C.F.R.
§383.73(a)(2)(iii) .
A commercial learner’s permit may be renewed for an additional one hundred eighty days without retaking the general and endorsement knowledge tests required by section 321.188.
Sec.
2.
Section 321.463, Code 2017, is amended by adding the following new subsection:
NEW SUBSECTION .
4A.
a.
Notwithstanding any provision of law to the contrary, a motor vehicle equipped with an engine House File 463, p.
2 fueled primarily by natural gas may exceed any applicable maximum gross weight limit under this chapter, up to a maximum gross weight of eighty-two thousand pounds, by an amount equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system installed in the vehicle and the weight of a comparable diesel fuel tank and fueling system.
b.
Notwithstanding any provision of law to the contrary, a motor vehicle described in paragraph “a” equipped with an auxiliary power or idle reduction technology unit that reduces fuel use and emissions during engine idling may exceed any applicable maximum gross weight limit under this chapter by five hundred fifty pounds or the weight of the auxiliary power or idle reduction technology unit, whichever is less.
This paragraph “b” shall not apply unless the operator of the vehicle provides to the department a written certification of the weight of the auxiliary power or idle reduction technology unit, demonstrates or certifies to the department that the idle reduction technology unit is fully functional at all times, and carries with the operator the written certification of the weight of the auxiliary power or idle reduction technology unit in the vehicle at all times to present to law enforcement in the event the vehicle is suspected of violating any applicable weight restrictions.
Sec.
3.
Section 321.477, Code 2017, is amended to read as follows:
321.477 Employees as peace officers —— maximum age.
TheBy departmentstriking maypage designate2, byline resolution4, certainthrough ofpage its3, employeesline upon12, each of whom there is hereby conferred the authority of a peace officer to control and directinserting: traffic and weigh vehicles, and to make arrests for violations of enforce all laws of the state including but not limited to the rules and regulations of the department.
<321.477 Employees designated as peace officers pursuant—— tomaximum thisage. section shall have the same powers conferred by law on peace officers for the enforcement of all laws of this state and the apprehension of violators.
1.
The department may designate by resolution certain of its employees upon each of whom there is hereby conferred the authority of a peace officer to enforce all laws of the 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 conferred by law on peace officers for the enforcement of the laws of this state and the apprehension of violators.
Employees designated as peace officers pursuant to this section whoshall areprimarily assignedengage toin the supervisionfollowing ofenforcement theactivities: highways House File 463, p.
3 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.
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:
WhenThe soenforcement orderedof federal motor carrier safety regulations and federal motor carrier hazardous materials regulations as adopted in this chapter and in rules adopted by the directiondepartment ofunder thethis governor.chapter.
WhenThe requestregulation is made by the mayor of any city, with the approvaloperating authority of themotor director.carriers.
WhenThe requestregulation isof made by the sheriffmovement, orsafety, countyand attorneylawful ofoperation any county, with the approval of thecommercial director.motor vehicles.
WhileThe inregulation of the pursuitoperating authority of lawcommercial violatorsmotor orvehicle inoperators investigatingand lawthe violations.enforcement of traffic and safety laws on operators of commercial motor vehicles.
WhileThe makingenforcement anyand inspectionperformance providedof byother thisactivities chapter,necessary orfor anythe additionalmotor inspectioncarrier orderedsafety byassistance program and the director.high priority program administered under 49 C.F.R.
pt.
350.
WhenThe engaged in the investigation and enforcement of lawsmatters relating to narcotic,or counterfeit,arising stimulant,out andof depressantresponsibilities drugs.entrusted to the department.
4.g.
The limitationscontrol specifiedand indirect subsectiondirection 3 shall in no way be construed as a limitation on the power of employeestraffic designatedand asweigh peacevehicles, officersand pursuant to thismake sectionarrests whenfor aviolations publicof offensethe is. being committed in their presence.
5.HF463.1867 (4) 87 -1- ns/nh 1/2 h.
The departmentenforcement shallof submitmotor avehicle reportlaws relating to the generaloperating assemblyauthority, onregistration, orsize, beforeweight, Decemberand 1load of eachmotor yearvehicles thatand detailstrailers the nature and scoperegistration of enforcementa activitiesmotor conductedcarrier’s ininterstate thetransportation previousservice fiscalwith year by employees designated as peace officers pursuant to this section who are assigned to the supervisiondepartment of. the highways of this state.
The3. report shall include a comparison of commercial and noncommercial motor vehicle enforcement activities conducted by such employees.
6.The maximum age for a person employed as a peace officer pursuant to this section is sixty-five years of age.> ______________________________ MICHAEL BREITBACH HF463.1867 (4) 87 -2- ns/nh 2/2
The maximum age for a person employed as a peace officer pursuant to this section is sixty-five years of age.
Sec.
4.
REPEAL.
The section of this Act amending section 321.477 is repealed July 1, 2018.
House File 463, p.
4 Sec.
5.
EFFECTIVE UPON ENACTMENT.
The section of this Act amending section 321.477, being deemed of immediate importance, takes effect upon enactment.
______________________________ ______________________________ LINDA UPMEYER JACK WHITVER Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 463, Eighty-seventh General Assembly.
______________________________ CARMINE BOAL Chief Clerk of the House Approved _______________, 2017 ______________________________ TERRY E.
BRANSTAD Governor