Amend House File 2450 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 321.1, Code Supplement 2011, 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 at least one of the following:
   a.  An official traffic-control signal, to produce recorded images of motor vehicles entering an intersection against a flashing red light, steady circular red light, or a steady red arrow.
   b.  An official traffic-control signal at a railroad grade crossing, as described in section 321.342, to produce recorded images of vehicles violating a flashing red or steady circular red light.
   c.  A speed measuring device, to produce recorded images of motor vehicles travelling at a prohibited rate of speed.
   Sec. 2.  NEW SECTION.  321.5A  Automated traffic law enforcement systems.
   A local authority shall not use an automated traffic law enforcement system except as provided in this section.
   1.  A local authority may by ordinance authorize the use of automated traffic law enforcement systems to detect violations of posted speed limits or official traffic-control signals which constitute municipal or county infractions.
   2.  A local authority shall provide signage, in conformance with the uniform system on traffic control devices adopted pursuant to section 321.252, giving notice of the use of an automated traffic law enforcement system on both sides of the approach to each location where an automated traffic law enforcement system is in use as follows:
   a.  A warning sign at least forty-eight inches by thirty-six inches in size with a distance plaque having a black legend and black border on a yellow or fluorescent yellow-green color shall be posted on both sides of each road on the approach to the next traffic-control signal where an automated traffic law enforcement system is in use.
   b.  A warning sign at least forty-eight inches by thirty-six inches in size with a distance plaque having a black legend and black border on a yellow or fluorescent yellow-green color shall be posted on both sides of the approach to the next speed limit zone on a road where an automated traffic law enforcement system is being used for speed limit enforcement.
   c.  The notice of the use of an automated traffic law enforcement system shall be positioned so as to provide adequate perception-response time for motorists.
   d.  A temporary sign shall be positioned or posted on the approach to each location where a mobile automated traffic law enforcement system is being used for speed limit enforcement.
   e.  The color and size of signage and the distance of the placement of signage may vary from the requirements of this section, provided that the variation is based upon an engineering study and a copy of the engineering study is maintained on file by the local authority.
   f.  The vendor or vendors that provide automated traffic law enforcement system equipment and services to the local authority shall be responsible for the costs associated with the provision of signage required under this subsection.
   3.  Recorded images produced by an automated traffic law enforcement system evidencing a violation of a posted speed limit or an official traffic-control signal shall be reviewed by a peace officer of the local law enforcement agency to affirm that a violation occurred and the identity of the motor vehicle involved in the violation. If following the officer’s review, a notice of a fine or citation is issued to the owner of the motor vehicle involved in the violation, the following requirements apply:
   a.  An affidavit bearing the written or electronic signature of the peace officer shall be included on the notice or citation.
   b.  The notice or citation shall contain a statement, in bold type, regarding the process for appealing the fine.
   c.  The notice or citation shall be sent by ordinary mail to the owner of the motor vehicle involved not more than thirty days following the incident giving rise to the notice of a fine or citation, as evidenced by the postmark.
   4.
  a.  A local authority shall not charge the owner of a motor vehicle administrative fees in addition to any civil penalty imposed for a violation detected by an automated traffic law enforcement system. A civil penalty for such a violation shall not exceed the amount of the fine established in section 805.8A for an equivalent violation charged as a scheduled violation, subject to the limitation established in section 331.302 for violation of a county ordinance or the limitation established in section 364.3 for violation of a city ordinance.
   b.  A local authority shall not impose a civil penalty for violation of a speed limit for speed which is ten miles per hour or less over the speed limit.
   5.  The notice or citation sent to the owner of a motor vehicle pursuant to subsection 3 shall specify the date by which payment of the civil penalty is due. The penalty shall be deemed delinquent if it is not paid within thirty days after the date specified on the notice or citation. Thirty days after the date specified on the notice or citation, the local authority may contract with a private collection agency for collection of the delinquent penalty.
   6.  The owner of a motor vehicle shall not be liable for a violation detected by an automated traffic law enforcement system if a uniform traffic citation was issued to the operator of the motor vehicle in connection with the same violation.
   7.  A local authority that uses an automated traffic law enforcement system shall file annually with the department of public safety a report comparing the type and rate of accidents that occurred at each location where an automated traffic law enforcement system was employed during the previous year to the type and rate of accidents at the same location during the previous consecutive year. The report shall be kept on file and used by the governing body of the local authority in evaluating the effectiveness of the automated traffic law enforcement program in improving public safety.
   Sec. 3.  EXISTING AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEMS —— VALIDITY OF PRIOR NOTICES AND CITATIONS.  Notices mailed or citations issued of violations committed prior to the effective date of this Act, pursuant to a local ordinance authorizing the use of an automated traffic law enforcement system, 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.>
   2.  Title page, line 1, by striking <prohibiting> and inserting <relating to>
   3.  Title page, by striking line 2 and inserting <systems.>
   4.  By renumbering as necessary.

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WENTHE of Fayette

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HALL of Woodbury