House File 2214 H-8251 Amend House File 2214 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 321.1, Code Supplement 2011, is 4 amended by adding the following new subsection: 5 NEW SUBSECTION . 95. “Automated traffic law 6 enforcement system” means a device with one or more 7 sensors working in conjunction with a traffic control 8 signal or device or a speed-measuring device to produce 9 recorded images of vehicles being operated in violation 10 of traffic or speed laws. “Automated traffic law 11 enforcement system ” does not include a device operated 12 in the presence of a peace officer or a device mounted 13 on a school bus and operated in the presence of the 14 driver of the school bus. 15 Sec. 2. NEW SECTION . 321.5A Automated traffic 16 enforcement systems. 17 A local authority shall not use an automated traffic 18 enforcement system except as provided in this section. 19 1. A local authority may by ordinance authorize 20 the use of automated traffic enforcement systems to 21 detect violations of posted speed limits or official 22 traffic-control signals which constitute municipal or 23 county infractions. 24 2. Recorded images produced by an automated traffic 25 enforcement system evidencing a violation of a posted 26 speed limit or an official traffic-control signal 27 shall be reviewed by a peace officer of the local law 28 enforcement agency to affirm that a violation occurred 29 and the identity of the motor vehicle involved in the 30 violation. If following the officer’s review, a notice 31 of a fine or citation is issued to the owner of the 32 motor vehicle involved in the violation, the following 33 requirements apply: 34 a. An affidavit bearing the written or electronic 35 signature of the peace officer shall be included on the 36 notice or citation. 37 b. The notice or citation shall contain a 38 statement, in bold type, regarding the process for 39 appealing the fine. 40 c. The notice or citation shall be sent by ordinary 41 mail to the owner of the motor vehicle involved not 42 more than thirty days following the incident giving 43 rise to the notice of a fine or citation, as evidenced 44 by the postmark. 45 Sec. 3. EXISTING AUTOMATED TRAFFIC ENFORCEMENT 46 SYSTEMS —— VALIDITY OF PRIOR NOTICES AND 47 CITATIONS. Notices mailed or citations issued 48 of violations committed prior to the effective date of 49 this Act, pursuant to a local ordinance authorizing the 50 -1- HF2214.5080 (1) 84 dea/sc 1/ 2 #1.