HF 253 (LSB 1656HH (1) 88)

HOUSE FILE 253

BY  SHIPLEY

A BILL FOR

An Act prohibiting the use of automated or remote systems for traffic law enforcement, 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.  NEW SECTION.  321.492C  Use of automated or remote systems for traffic law enforcement prohibited.
   The state or a political subdivision of the state shall not place or cause to be placed on or adjacent to a highway, or maintain or employ the use of, any automated or remote system for traffic law enforcement. For purposes of this section, “automated or remote system for traffic law enforcement” means a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to identify motor vehicles operating in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.
    Sec. 2.  REMOVAL OF AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT —— VALIDITY OF PRIOR NOTICES AND CITATIONS.  Prior to July 1, 2019, a local authority using an automated or remote system for traffic law enforcement shall discontinue using the system and remove the system equipment. Effective July 1, 2019, all local ordinances authorizing the use of automated or remote systems for traffic law enforcement are void. However, any citation issued or mailed pursuant to such an ordinance prior to July 1, 2019, shall not be invalidated by the enactment of this Act and shall be processed according to the provisions of law under which the citation was authorized.
    Sec. 3.  EFFECTIVE DATE.  The section of this Act relating to the removal of automated or remote systems for traffic law enforcement and the validity of prior 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 prohibits the state or a political subdivision of the state from placing or causing to be placed on or adjacent to a highway, or maintaining or employing the use of, any automated or remote system for traffic law enforcement. The bill defines “automated or remote system for traffic law enforcement” to mean a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to identify motor vehicles operating in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.
   The bill requires that prior to July 1, 2019, a local authority using an automated or remote system for traffic law enforcement must discontinue using the system and remove the system equipment. Effective July 1, 2019, all local ordinances authorizing the use of automated or remote systems for traffic law enforcement are void. However, the bill provides that any citation issued or mailed pursuant to such an ordinance prior to July 1, 2019, is not invalidated by the bill and must be processed according to the provisions of law under which the citation was authorized. This provision of the bill takes effect upon enactment.