HOUSE FILE 2048

BY  ROGERS, ARNOLD, RAECKER, COWNIE, J. TAYLOR, SANDS, HAGENOW, SWEENEY, DEYOE, KOESTER, SCHULTZ, WATTS, PEARSON, MASSIE, IVERSON, VAN ENGELENHOVEN, GARRETT, MOORE, J. SMITH, LOFGREN, FRY, RASMUSSEN, VANDER LINDEN, and PETTENGILL

A BILL FOR

An Act prohibiting the use of automated traffic law enforcement systems, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.5A  Automated traffic law enforcement systems prohibited.
   1.  The department or a local authority shall not place or cause to be placed on or adjacent to a street or highway, or maintain or employ the use of, an automated traffic law enforcement system for the enforcement of any provision of this chapter or any local ordinance relating to vehicular traffic or to prove a violation of any such provision or ordinance.
   2.  For purposes of this section, “automated traffic law enforcement system” means a device with one or more sensors working in conjunction with a traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of traffic or speed laws.
    Sec. 2.  TERMINATION OF AUTOMATED TRAFFIC LAW ENFORCEMENT PROGRAMS —— REMOVAL OF SYSTEMS —— VALIDITY OF PRIOR NOTICES AND CITATIONS.
   1.  A local authority using an automated traffic law enforcement system shall discontinue using the system on or before the effective date of this Act. A local authority shall remove all automated traffic law enforcement system equipment from the highways on or before July 1, 2012.
   2.  As of the effective date of this Act, all local ordinances authorizing the use of an automated traffic law enforcement system are void. However, notices of violations mailed or citations issued pursuant to such an ordinance prior to the date the ordinance becomes void shall not be invalidated under this Act and shall be processed according to the provisions of the law under which they were authorized.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill prohibits the use of automated traffic law enforcement systems in Iowa. 
   Automated traffic law enforcement systems, commonly known as “red light cameras” or “speed cameras”, are devices with one or more sensors which work in conjunction with a traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of traffic or speed laws.
   The bill requires that a local authority currently using an automated traffic law enforcement system shall discontinue using the system on or before the effective date of the bill. All automated traffic law enforcement system equipment must be removed from the highways by July 1, 2012.
   A local authority’s ordinance authorizing the use of automated traffic law enforcement systems is void on the effective date of the bill, but notices of violations mailed or citations issued under such an ordinance shall not be invalidated and shall be processed according to the prior law.
   The bill is effective upon enactment.