SF 9 (LSB 1306XS (1) 86)

SENATE FILE 9

BY  ZAUN

A BILL FOR

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

    Section 1.  Section 321.1, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  95.  “Automated traffic law enforcement system” means a device with one or more sensors working in conjunction with one of the following:
   a.  An official traffic-control signal, to produce recorded images of motor vehicles entering an intersection against a red signal light.
   b.  A speed measuring device, to produce recorded images of motor vehicles traveling at a prohibited rate of speed.
   c.  A railroad grade crossing signal light, as described in section 321.342, to produce images of motor vehicles violating the signal light.
   d.  Any official traffic-control device, if failure to comply with the official traffic-control device constitutes a moving violation under this chapter.
    Sec. 2.  NEW SECTION.  321.5A  Automated traffic law enforcement systems prohibited.

   The department or a local authority shall not place or cause to be placed on or adjacent to a 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 motor vehicles.
    Sec. 3.  REMOVAL OF AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEMS —— VALIDITY OF PRIOR NOTICES AND CITATIONS.  On or before July 1, 2015, a local authority using an automated traffic law enforcement system shall discontinue using the system and remove the system equipment. Effective July 1, 2015, 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 July 1, 2015, shall not be invalidated by the enactment of this Act and shall be processed according to the provisions of the law under which they were authorized.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  The section of this Act relating to the removal of automated traffic law enforcement systems and the validity of prior notices and citations, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill imposes a statewide prohibition on the use of automated traffic law enforcement systems and provides for the termination of existing automated traffic law enforcement programs.
   The bill defines “automated traffic law enforcement system” as a device with one or more sensors working in conjunction with an official traffic-control signal, a speed measuring device, a railroad grade crossing signal light, or any other official traffic-control device if failure to comply with the traffic-control device would constitute a moving violation. An automated traffic law enforcement system records images of vehicles violating an associated traffic control signal or device or violating a speed limit. 
   The bill prohibits the department of transportation and local authorities from placing an automated traffic law enforcement system on or adjacent to a highway or maintaining or employing the use of such a system for the enforcement of state or local motor vehicle laws, effective July 1, 2015.
   Local authorities that are currently using automated traffic law enforcement systems must discontinue their use and remove related equipment on or before July 1, 2015. On that date, all local ordinances authorizing the use of automated traffic law enforcement systems are void. However, notices of violations that were mailed or citations which were issued prior to July 1, 2015, are not invalidated by the bill and remain enforceable. These provisions of the bill take effect upon enactment.