Senate File 2148 S-5044 Amend Senate File 2148 as follows: 1 1. Page 1, line 2, after < prohibited > by inserting < —— 2 exception > 3 2. Page 1, by striking lines 3 through 12 and inserting: 4 < 1. Unless otherwise provided in this section, the state or 5 a political subdivision of the state shall not place or cause 6 to be placed on or adjacent to a highway, or maintain or employ 7 the use of, any automated or remote system for traffic law 8 enforcement. 9 2. a. The state or a political subdivision of the state 10 may place, cause to be placed, maintain, and employ the use 11 of an automated or remote system for traffic law enforcement 12 on or adjacent to a highway under the state’s or political 13 subdivision’s jurisdiction, as applicable, which has a speed 14 limit of twenty-five miles per hour and which is located in a 15 school district, as defined in section 321.1, subsection 70. 16 b. An automated or remote system for traffic law enforcement 17 designed to work in conjunction with a speed measuring device 18 shall be used only to issue citations to motor vehicles 19 traveling at eleven miles per hour or more over the legal speed 20 limit. 21 c. Temporary or permanent signs advising drivers that an 22 automated or remote system for traffic law enforcement is in 23 place shall be posted in clear and present view of passing 24 drivers in advance of the location where the system is in 25 use. The signage shall conform to the manual on uniform 26 traffic-control devices as adopted by the department. 27 d. The state or a political subdivision of the state shall 28 not issue a citation resulting from the use of an automated or 29 remote system for traffic law enforcement until an active peace 30 officer of the state or political subdivision, as applicable, 31 has reviewed the citation and any relevant recorded images 32 produced by the system. 33 e. The amount of the fine or civil penalty imposed by a 34 citation resulting from the use of an automated or remote 35 -1- SF2148.3683 (3) 87 ns/rh 1/ 2 #1. #2.
system for traffic law enforcement shall equal the amount of 1 the fine for a scheduled violation under section 805.8A for the 2 same or a similar violation of this chapter. 3 f. The state or political subdivision using an automated 4 or remote system for traffic law enforcement shall designate a 5 process by which a person may appeal a citation issued through 6 the use of the system, which at a minimum shall provide for all 7 of the following: 8 (1) An appeal to an impartial body created by the state 9 or political subdivision, as applicable, to review citations 10 issued through the use of the system. 11 (2) Following a decision from the impartial body that is 12 adverse to the person, an appeal to the district court, sitting 13 in small claims, of the county in which the violation occurred. 14 3. For the purposes of this section, “automated or remote 15 system for traffic law enforcement” means a camera or other 16 optical device designed to work in conjunction with an official 17 traffic control signal or speed measuring device to identify 18 motor vehicles operating in violation of traffic laws, the use 19 of which results in the issuance of citations sent through the 20 mail or by electronic means. > 21 3. Page 1, line 13, after < OF > by inserting < CERTAIN > 22 4. Page 1, line 16, after < enforcement > by inserting < that 23 does not comply with section 321.492C as enacted in this Act > 24 5. Page 1, line 19, after < enforcement > by inserting < that 25 do not comply with section 321.492C as enacted in this Act > 26 6. Page 1, line 26, after < of > by inserting < certain > 27 7. Title page, line 1, after < of > by inserting < certain > 28 8. Title page, line 2, after < of > by inserting < certain > 29 ______________________________ TONY BISIGNANO -2- SF2148.3683 (3) 87 ns/rh 2/ 2 #3. #4. #5. #6. #7. #8.