Senate File 220 H-8258 Amend the amendment, H-1267, to Senate File 220, as amended, 1 passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 1, through page 2, line 2, and 3 inserting: 4 < Amend Senate File 220, as amended, passed, and reprinted by 5 the Senate, as follows: 6 1. By striking everything after the enacting clause and 7 inserting: 8 < Section 1. Section 321.1, Code 2018, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 06B. “Automated traffic law enforcement 11 system” means a device used for the enforcement of laws 12 regulating vehicular traffic and equipped with one or more 13 sensors working in conjunction with one of the following: 14 a. An official traffic-control signal, to produce recorded 15 images of motor vehicles entering an intersection against a red 16 signal light. 17 b. A speed measuring device, to produce recorded images of 18 motor vehicles traveling at a prohibited rate of speed. 19 c. A railroad grade crossing signal light, as described in 20 section 321.342, to produce recorded images of motor vehicles 21 violating the signal light. 22 d. Any official traffic-control device, if failure to comply 23 with the official traffic-control device constitutes a moving 24 violation under this chapter. 25 Sec. 2. NEW SECTION . 321.492C Automated traffic law 26 enforcement systems. 27 1. The department shall not place, operate, maintain, 28 or employ the use of any automated traffic law enforcement 29 system. The department shall not cause to be placed any 30 automated traffic law enforcement system except as provided in 31 this section or in rules adopted by the department under this 32 section. 33 2. a. A local authority, or another entity on a local 34 authority’s behalf, shall not operate an automated traffic law 35 -1- H1267.4486 (2) 87 ns/rh 1/ 8 #1.
enforcement system without approving the use of the system 1 following an established self-certification process. The 2 self-certification process shall include a justification report 3 meeting the requirements of paragraph “b” , which shall be 4 made readily available for the public to review, and a public 5 hearing at which the local authority shall provide evidence 6 of a demonstrated safety need for the automated traffic law 7 enforcement system. Notice of the date, time, and place of 8 the hearing shall be published in the manner described in 9 section 362.3. A public hearing may address several locations 10 at which a local authority intends to place an automated 11 traffic law enforcement system. However, a local authority 12 shall adopt an ordinance approving the use of an automated 13 traffic law enforcement system for each location at which the 14 local authority operates a fixed or mobile automated traffic 15 law enforcement system. A local authority may approve the 16 operation of an automated traffic law enforcement system 17 only if the system is located in a documented high-crash or 18 high-risk location at which there is a demonstrated safety 19 need for the system. The local authority shall demonstrate 20 the safety need for the system based on the volume of traffic, 21 the history of motor vehicle accidents, the frequency and type 22 of traffic violations, the risk to peace officers employing 23 traditional traffic enforcement methods, any additional 24 information required in the justification report, and any other 25 safety criteria deemed appropriate by the local authority. 26 These requirements shall apply for each location at which a 27 local authority, or another entity on a local authority’s 28 behalf, operates a fixed or mobile automated traffic law 29 enforcement system. However, any area located within a road 30 work zone or school district, as those terms are defined in 31 section 321.1, shall be presumed to be a high-risk location at 32 which there is a demonstrated safety need for a system. 33 b. A justification report shall provide all necessary 34 information and documentation to demonstrate whether an area is 35 -2- H1267.4486 (2) 87 ns/rh 2/ 8
a high-crash or high-risk location and shall include but not be 1 limited to documentation regarding all the following: 2 (1) Existing traffic speeds, posted speed limits, 3 traffic volumes, and intersection or roadway geometry. Such 4 documentation shall provide assurance that existing speed 5 limits and official traffic-control signal timings are 6 appropriate and shall describe how the limits and timings were 7 established. 8 (2) The applicable motor vehicle accident history, the 9 primary accident types, accident causes, accident severity, and 10 the history of any related traffic violations. Only accidents 11 attributable to violating the speed limit or an official 12 traffic-control signal shall be included in this report. Such 13 documentation shall compare accident data with data from other 14 similar locations within the local authority’s jurisdiction, 15 other similar jurisdictions, and larger metropolitan areas. 16 (3) The identification of critical traffic safety issues 17 related to the data required by subparagraphs (1) and (2), 18 including a comprehensive list of solutions that may address 19 the critical traffic safety issues. 20 (4) Solutions or safety countermeasures that the local 21 authority has implemented along with those that the local 22 authority has considered but not implemented. These may 23 include solutions relating to law enforcement, engineering, 24 public education campaigns, or other safety countermeasures. 25 (5) Discussions held and actions taken by the local 26 authority with any partnering entities that have resources 27 which could aid in the reduction of accidents attributable 28 to violating the speed limit or an official traffic-control 29 signal. 30 (6) The reason or reasons the local authority believes an 31 automated traffic law enforcement system is the best solution 32 to address the critical traffic safety issues. 33 c. A local authority, or another entity on a local 34 authority’s behalf, shall not operate an automated traffic law 35 -3- H1267.4486 (2) 87 ns/rh 3/ 8
enforcement system without posting signage meeting all of the 1 following requirements: 2 (1) For a fixed automated traffic law enforcement system, 3 permanent signs advising drivers that the system is in place 4 shall be posted in clear and present view of passing drivers in 5 advance of the location where the system is in use. 6 (2) For a mobile automated traffic law enforcement system, 7 temporary or permanent signs advising drivers that the system 8 is in place shall be posted in clear and present view of 9 passing drivers in advance of the location where the system is 10 in use. 11 (3) The signage conforms to the manual on uniform 12 traffic-control devices as adopted by the department. 13 d. A local authority, or another entity on a local 14 authority’s behalf, shall not issue a citation resulting from 15 the use of an automated traffic law enforcement system until 16 an active peace officer of the local authority has reviewed 17 the citation and any relevant recorded images produced by the 18 system. 19 e. The amount of the fine or civil penalty imposed by a 20 citation resulting from the use of an automated traffic law 21 enforcement system shall not exceed the amount of the fine for 22 a scheduled violation under section 805.8A for the same or a 23 similar violation of this chapter. 24 f. An automated traffic law enforcement system working 25 in conjunction with a speed measuring device or official 26 traffic-control signal shall comply with the generally accepted 27 procedures for operating the system. An automated traffic law 28 enforcement system shall verify its internal calibrations on a 29 daily basis. If the daily internal calibration is not valid, 30 the system shall not operate until a successful calibration 31 is subsequently conducted. In addition to the daily internal 32 calibration, a monthly calibration shall be conducted by a 33 person trained in the calibration of the system. A person 34 trained in the calibration of a mobile automated traffic law 35 -4- H1267.4486 (2) 87 ns/rh 4/ 8
enforcement system shall also conduct a calibration prior to 1 the use of the mobile system after any change in location. 2 A local authority, or another entity on a local authority’s 3 behalf, operating an automated traffic law enforcement 4 system shall maintain a monthly log detailing whether the 5 local authority or entity successfully performed the daily 6 and monthly calibrations. The log and documentation of the 7 calibrations shall be admissible in any court proceeding 8 relating to an official traffic-control signal violation 9 pursuant to section 321.257 or a speed limit violation pursuant 10 to section 321.285. 11 g. A local authority shall maintain or compile records 12 relating to the number of traffic violations and number 13 of traffic accidents for all locations at which the local 14 authority, or another entity on a local authority’s behalf, 15 operates or intends to operate an automated traffic law 16 enforcement system. Such records shall be maintained or 17 compiled by the local authority for one year prior to the 18 installation of the automated traffic law enforcement system 19 and for each year the automated traffic law enforcement 20 system is in operation. Such records shall be available for 21 examination to the same extent allowed in section 22.2. A 22 local authority with an automated traffic law enforcement 23 system operating within its jurisdiction shall file an annual 24 report with the general assembly on or before December 31 of 25 each year detailing the effectiveness of each automated traffic 26 law enforcement system operating within its jurisdiction. An 27 annual report shall include the justification report described 28 in paragraph “b” and shall also include but not be limited to 29 information relating to increases or decreases in the number of 30 speed limit violations, violations of official traffic-control 31 signals, and traffic accidents. 32 h. Prior to a local authority placing an automated traffic 33 law enforcement system on a primary road, the local authority 34 shall obtain approval from the department in accordance 35 -5- H1267.4486 (2) 87 ns/rh 5/ 8
with rules adopted by the department. A local authority 1 shall submit to the department any information requested by 2 the department during the approval process. If the local 3 authority’s use of the system is approved by the department, 4 the local authority shall follow the requirements set forth 5 in rules adopted by the department. The department may 6 modify its rules relating to automated traffic law enforcement 7 systems to the extent necessary to ensure automated traffic 8 law enforcement systems are operated in a safe and equitable 9 manner. This paragraph “h” shall not apply to an automated 10 traffic law enforcement system approved or allowed to operate 11 in accordance with rules adopted by the department and in 12 operation prior to January 1, 2017. A local authority may 13 continue to operate such a system in the same manner as the 14 system was operated prior to January 1, 2017. However, after a 15 local authority discontinues operation of such a system, any 16 new manner of operation or new system operated by the local 17 authority shall comply with this paragraph “h” . The department 18 shall have the authority to annually review all automated 19 traffic law enforcement systems placed on primary roads and 20 shall have the authority to require removal or modification of 21 such systems. 22 i. A local authority shall designate a process by which 23 a person may appeal a citation issued through the use of an 24 automated traffic law enforcement system, which at a minimum 25 shall provide for all of the following: 26 (1) An appeal to an impartial body created by the local 27 authority to review citations issued through the use of 28 automated traffic law enforcement systems. 29 (2) Following a decision from the impartial body that is 30 adverse to the person, an appeal to the district court, sitting 31 in small claims, of the county in which the local authority is 32 located. 33 j. (1) A local authority shall authorize a petition process 34 by which citizens within the local authority may petition for 35 -6- H1267.4486 (2) 87 ns/rh 6/ 8
the removal of a fixed automated traffic law enforcement system 1 or the disapproval of a location approved for the use of mobile 2 automated traffic law enforcement systems in accordance with 3 this section. Petitions under this paragraph “j” shall be 4 specific to one fixed system or one location approved for the 5 use of mobile systems. 6 (2) If the local authority is a city, a petition brought 7 under this paragraph “j” is valid if it is signed by a number 8 of eligible electors of the city equal to or greater than ten 9 percent of the number of persons who voted in the last regular 10 city election. The petition shall include the signatures of 11 the petitioners, the places of residence of the petitioners, 12 and the date on which the petitioners signed the petition. 13 (3) If the local authority is a county, a petition brought 14 under this paragraph “j” is valid if it is signed by a number 15 of eligible electors of the county equal to or greater than 16 ten percent of the number of votes cast in the county in the 17 last presidential election. The petition shall include the 18 signatures of the petitioners, the places of residence of the 19 petitioners, and the date on which the petitioners signed the 20 petition. 21 (4) If a petition is valid as provided in this paragraph 22 “j” , the city council or county board of supervisors, as 23 applicable, shall vote on whether to repeal the ordinance 24 allowing the operation of the fixed system or approving the 25 location for the use of mobile systems. 26 (5) If a city council or county board of supervisors has 27 voted pursuant to subparagraph (4), a new petition for the same 28 fixed system or the same location approved for use of mobile 29 systems shall not be valid for three years after the date of 30 the vote. 31 k. A local authority that operates an automated traffic 32 law enforcement system in violation of this section shall be 33 precluded from operating any automated traffic law enforcement 34 system for a period of two years. A citizen residing within 35 -7- H1267.4486 (2) 87 ns/rh 7/ 8
the jurisdiction of a local authority which violates this 1 section shall be allowed to file suit to enjoin the local 2 authority from operating an automated traffic law enforcement 3 system in accordance with this paragraph “k” . 4 3. All moneys collected by a local authority from citations 5 issued as a result of the use of an automated traffic law 6 enforcement system, less the amount necessary for the 7 installation, operation, and maintenance of the automated 8 traffic law enforcement system, shall be deposited in the 9 account or accounts maintained by the local authority for 10 moneys appropriated to the local authority from the secondary 11 road fund or street construction fund of the cities, or shall 12 be deposited in any account and used for the purposes of public 13 safety. This subsection shall not apply to moneys collected 14 for court costs or other associated costs, the criminal penalty 15 surcharge required by section 911.1, or the county enforcement 16 surcharge required by section 911.4, as applicable. >> 17 2. By renumbering as necessary. 18 ______________________________ HINSON of Linn -8- H1267.4486 (2) 87 ns/rh 8/ 8 #2.