S.F. 196 Section 1. Section 321.1, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 06B. “Automated traffic law enforcement 3 system” means a device that is used for the enforcement of laws 4 regulating vehicular traffic and that is equipped with one or 5 more sensors working in conjunction with one of the following: 6 a. An official traffic-control signal, to produce recorded 7 images of motor vehicles entering an intersection against a red 8 signal light. 9 b. A speed measuring device, to produce recorded images of 10 motor vehicles traveling at a prohibited rate of speed. 11 c. A railroad grade crossing signal light, as described in 12 section 321.342, to produce recorded images of motor vehicles 13 violating the signal light. 14 d. Any official traffic-control device, if failure to comply 15 with the official traffic-control device constitutes a moving 16 violation under this chapter. 17 Sec. 2. NEW SECTION . 321.492C Automated traffic law 18 enforcement systems. 19 1. The department shall not place, operate, maintain, 20 or employ the use of any automated traffic law enforcement 21 system. The department shall not cause to be placed any 22 automated traffic law enforcement system except as provided in 23 this section or in rules adopted by the department under this 24 section. 25 2. a. A local authority, or another entity on a local 26 authority’s behalf, shall not operate an automated traffic law 27 enforcement system without the approval of the department. The 28 department shall approve the operation of an automated traffic 29 law enforcement system only if the department determines the 30 system is located in a documented high-crash or high-risk 31 location at which there is a demonstrated safety need for 32 the system. The department shall make such a determination 33 about a location based on the volume of traffic, the history 34 of motor vehicle accidents, the frequency and type of traffic 35 -1- LSB 1921SV (3) 87 ns/nh 1/ 5

S.F. 196 violations, the risk to peace officers employing traditional 1 traffic enforcement methods, and any other safety criteria 2 deemed appropriate by the department and set forth in rules 3 adopted by the department. The department shall separately 4 approve each location at which a local authority, or another 5 entity on a local authority’s behalf, operates a mobile 6 automated traffic law enforcement system. This paragraph “a” 7 shall not apply to an automated traffic law enforcement system 8 approved by the department and in operation prior to January 9 1, 2017. A local authority may continue to operate such a 10 system in the same manner as the system was operated prior to 11 January 1, 2017. However, after a local authority discontinues 12 operation of the system, any new manner of operation or new 13 system operated by the local authority shall comply with this 14 paragraph “a” . 15 b. A local authority, or another entity on a local 16 authority’s behalf, shall not operate an automated traffic law 17 enforcement system without posting signage meeting all of the 18 following requirements: 19 (1) For a fixed automated traffic law enforcement system, 20 permanent signs advising drivers that the system is in place 21 shall be posted in clear and present view of passing drivers in 22 advance of the location where the system is in use. 23 (2) For a mobile automated traffic law enforcement system, 24 temporary or permanent signs advising drivers that the system 25 is in place shall be posted in clear and present view of 26 passing drivers in advance of the location where the system is 27 in use as agreed to by the department and the local authority. 28 (3) The signage conforms to the manual on uniform 29 traffic-control devices as adopted by the department. 30 c. A local authority, or another entity on a local 31 authority’s behalf, shall not issue a citation resulting from 32 the use of an automated traffic law enforcement system until a 33 peace officer of the local authority has reviewed the citation 34 and any relevant recorded images produced by the system. 35 -2- LSB 1921SV (3) 87 ns/nh 2/ 5

S.F. 196 d. The amount of the fine or civil penalty imposed by a 1 citation resulting from the use of an automated traffic law 2 enforcement system shall not exceed the amount of the fine for 3 a scheduled violation under section 805.8A for the same or a 4 similar violation of this chapter. 5 e. An automated traffic law enforcement system working 6 in conjunction with a speed measuring device or official 7 traffic-control signal shall comply with the generally accepted 8 procedures for operating the system. A local authority, 9 or another entity on a local authority’s behalf, operating 10 such a system shall maintain a monthly log detailing whether 11 the local authority or entity successfully performed the 12 manufacturer-specified self-test of the system. The local 13 authority or entity shall also perform a weekly calibration 14 check of the system, and documentation of the calibration check 15 shall be retained by the local authority or entity. The log 16 and documentation of the calibration checks shall be admissible 17 in any court proceeding related to a violation of section 18 321.257 or 321.285. 19 f. The department shall adopt rules to administer this 20 subsection, including but not limited to rules relating to the 21 size and location of signage advising drivers that an automated 22 traffic law enforcement system is in place. 23 3. All moneys collected by a local authority from 24 citations issued as a result of the use of an automated 25 traffic law enforcement system, less the amount necessary 26 for the installation, operation, and maintenance of the 27 automated traffic law enforcement system, shall be deposited 28 in the account or accounts maintained by the local authority 29 for moneys appropriated to the local authority from the 30 secondary road fund or street construction fund of the cities, 31 as applicable. This subsection shall not apply to moneys 32 collected for court costs or other associated costs, the 33 criminal penalty surcharge required by section 911.1, or the 34 county enforcement surcharge required by section 911.4. 35 -3- LSB 1921SV (3) 87 ns/nh 3/ 5

S.F. 196 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill prohibits the department of transportation (DOT) 4 from placing, operating, maintaining, or employing the use of 5 any automated traffic law enforcement system. 6 The bill also prohibits a local authority, or another entity 7 on a local authority’s behalf, from operating an automated 8 traffic law enforcement system without the approval of the DOT. 9 The bill provides that the DOT shall approve the operation of 10 an automated traffic law enforcement system only if the system 11 is located in a documented high-crash or high-risk location 12 at which there is a demonstrated safety need for the system. 13 The bill requires the DOT to make such a determination about 14 a location based on the volume of traffic, the history of 15 motor vehicle accidents, the frequency and type of traffic 16 violations, the risk to peace officers employing traditional 17 traffic enforcement methods, and any other safety criteria 18 deemed appropriate by the DOT. In addition, the bill requires 19 the DOT to separately approve each location at which a local 20 authority, or another entity on a local authority’s behalf, 21 operates a mobile automated traffic law enforcement system. 22 These provisions of the bill do not apply to an automated 23 traffic law enforcement system approved by the DOT and in 24 operation prior to January 1, 2017. 25 The bill prohibits a local authority, or another entity on a 26 local authority’s behalf, from operating an automated traffic 27 law enforcement system without posting appropriate signage in 28 clear and present view of passing drivers in advance of the 29 location where the system is in use. 30 The bill also prohibits a local authority, or another 31 entity on a local authority’s behalf, from issuing a citation 32 resulting from the use of an automated traffic law enforcement 33 system until a peace officer of the local authority has 34 reviewed the citation and any relevant recorded images produced 35 -4- LSB 1921SV (3) 87 ns/nh 4/ 5

S.F. 196 by the system. 1 In addition, the bill prohibits the amount of the fine or 2 civil penalty imposed by a citation resulting from the use of 3 an automated traffic law enforcement system from exceeding the 4 amount of the fine for a scheduled violation under Code section 5 805.8A for the same or a similar violation. 6 The bill provides that an automated traffic law enforcement 7 system working in conjunction with a speed measuring device or 8 official traffic-control signal must comply with the generally 9 accepted procedures for operating the system. A local 10 authority, or another entity on a local authority’s behalf, 11 operating such a system must maintain a monthly log detailing 12 whether the local authority or entity successfully performed 13 the manufacturer-specified self-test of the system. The bill 14 requires a local authority or entity to also perform a weekly 15 calibration check of the system, and requires documentation of 16 the calibration check to be retained by the local authority or 17 entity. The bill specifies that the log and documentation of 18 the calibration checks are admissible in any court proceeding 19 related to a violation of Code section 321.257 (official 20 traffic-control signals) or 321.285 (speed restrictions). 21 The bill requires all moneys collected by a local authority 22 from citations issued as a result of the use of an automated 23 traffic law enforcement system, less the amount necessary for 24 the installation, operation, and maintenance of the system, 25 to be deposited in the account or accounts maintained by the 26 local authority for moneys appropriated to the local authority 27 from the secondary road fund or street construction fund of 28 the cities, as applicable. This provision does not apply to 29 moneys collected for court costs or other associated costs, 30 the criminal penalty surcharge, or the county enforcement 31 surcharge. 32 -5- LSB 1921SV (3) 87 ns/nh 5/ 5