Senate File 129 - Introduced SENATE FILE 129 BY ZAUN , KETTERING , McKINLEY , ANDERSON , BERTRAND , GREINER , CHELGREN , JOHNSON , SORENSON , BARTZ , SEYMOUR , and WHITVER A BILL FOR An Act prohibiting the use of automated traffic enforcement 1 systems and requiring the removal of existing systems, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1846XS (7) 84 dea/nh

S.F. 129 Section 1. Section 321.1, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 95. “Automated traffic enforcement system” 3 means a device with one or more sensors working in conjunction 4 with one of the following: 5 a. An official traffic-control signal, to produce recorded 6 images of motor vehicles entering an intersection against a 7 steady circular red light. 8 b. A speed measuring device, to produce recorded images of 9 motor vehicles traveling at a prohibited rate of speed. 10 c. A railroad grade crossing signal light, as described in 11 section 321.342, to produce images of vehicles violating the 12 signal light. 13 d. Any official traffic-control device, if failure to 14 comply with the official traffic-control device constitutes a 15 violation under this chapter. 16 Sec. 2. NEW SECTION . 321.5A Automated traffic enforcement 17 systems prohibited. 18 The department or a local authority shall not place or 19 cause to be placed on or adjacent to a highway, or maintain or 20 employ the use of, an automated traffic enforcement system for 21 the enforcement of any provision of this chapter or any local 22 ordinance relating to motor vehicles. 23 Sec. 3. REMOVAL OF AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS —— 24 VALIDITY OF PRIOR NOTICES AND CITATIONS. On or before July 1, 25 2011, a local authority using an automated traffic enforcement 26 system shall discontinue using the system and remove the system 27 equipment. Effective July 1, 2011, all local ordinances 28 authorizing the use of an automated traffic enforcement system 29 are void. However, notices of violations mailed or citations 30 issued pursuant to such an ordinance prior to July 1, 2011, 31 shall not be invalidated by the enactment of this Act and shall 32 be processed according to the provisions of the law under which 33 they were authorized. 34 Sec. 4. EFFECTIVE UPON ENACTMENT. The section of this 35 -1- LSB 1846XS (7) 84 dea/nh 1/ 2

S.F. 129 Act relating to the removal of automated traffic enforcement 1 systems and the validity of prior notices and citations, being 2 deemed of immediate importance, takes effect upon enactment. 3 EXPLANATION 4 This bill imposes a statewide prohibition on the use of 5 automated traffic enforcement systems and provides for the 6 termination of existing automated traffic enforcement programs. 7 The bill defines “automated traffic enforcement system” 8 as a device with one or more sensors working in conjunction 9 with an official traffic-control signal, a speed measuring 10 device, a railroad grade crossing signal light, or any other 11 official traffic-control device if failure to comply with the 12 traffic-control device would constitute a moving violation. An 13 automated traffic enforcement system records images of vehicles 14 violating an associated traffic control signal or device or 15 violating a speed limit. The definition includes within its 16 scope devices known as “red light cameras” and “speed cameras”. 17 The bill prohibits the department of transportation and 18 local authorities from placing an automated traffic enforcement 19 system on or adjacent to a highway or maintaining or employing 20 the use of such a system for the enforcement of state or local 21 motor vehicle laws, effective July 1, 2011. 22 Local authorities that are currently using automated traffic 23 enforcement systems must discontinue their use and remove 24 related equipment on or before July 1, 2011. On that date, 25 all local ordinances authorizing the use of automated traffic 26 enforcement systems are void. However, notices of violations 27 that were mailed or citations which were issued prior to 28 July 1, 2011, are not invalidated by the bill and remain 29 enforceable. These provisions of the bill take effect upon 30 enactment. 31 -2- LSB 1846XS (7) 84 dea/nh 2/ 2