Senate File 2148 S-5045 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, at a location which 14 is in a road work zone. 15 b. An automated or remote system for traffic law enforcement 16 designed to work in conjunction with a speed measuring device 17 shall be used only to issue citations to motor vehicles 18 traveling at eleven miles per hour or more over the legal speed 19 limit. 20 c. Temporary or permanent signs advising drivers that an 21 automated or remote system for traffic law enforcement is in 22 place shall be posted in clear and present view of passing 23 drivers in advance of the location where the system is in 24 use. The signage shall conform to the manual on uniform 25 traffic-control devices as adopted by the department. 26 d. The state or a political subdivision of the state shall 27 not issue a citation resulting from the use of an automated or 28 remote system for traffic law enforcement until an active peace 29 officer of the state or political subdivision, as applicable, 30 has reviewed the citation and any relevant recorded images 31 produced by the system. 32 e. The amount of the fine or civil penalty imposed by a 33 citation resulting from the use of an automated or remote 34 system for traffic law enforcement shall equal the amount of 35 -1- SF2148.3682 (3) 87 ns/rh 1/ 3 #1. #2.

the fine for a scheduled violation under section 805.8A for the 1 same or a similar violation of this chapter. The amount of 2 the fine or civil penalty collected in excess of the amount of 3 a scheduled violation under section 805.8A, subsection 5, 7, 4 or 8, up to the amount of a scheduled violation under section 5 805.8A, subsection 14, paragraph “i” , shall be retained by the 6 state or political subdivision, as applicable, and shall not 7 be retained by any private entity operating the automated or 8 remote system for traffic law enforcement on behalf of the 9 state or political subdivision. 10 f. The state or political subdivision using an automated 11 or remote system for traffic law enforcement shall designate a 12 process by which a person may appeal a citation issued through 13 the use of the system, which at a minimum shall provide for all 14 of the following: 15 (1) An appeal to an impartial body created by the state 16 or political subdivision, as applicable, to review citations 17 issued through the use of the system. 18 (2) Following a decision from the impartial body that is 19 adverse to the person, an appeal to the district court, sitting 20 in small claims, of the county in which the violation occurred. 21 3. For the purposes of this section, “automated or remote 22 system for traffic law enforcement” means a camera or other 23 optical device designed to work in conjunction with an official 24 traffic control signal or speed measuring device to identify 25 motor vehicles operating in violation of traffic laws, the use 26 of which results in the issuance of citations sent through the 27 mail or by electronic means. > 28 3. Page 1, line 13, after < OF > by inserting < CERTAIN > 29 4. Page 1, line 16, after < enforcement > by inserting < that 30 does not comply with section 321.492C as enacted in this Act > 31 5. Page 1, line 19, after < enforcement > by inserting < that 32 do not comply with section 321.492C as enacted in this Act > 33 6. Page 1, line 26, after < of > by inserting < certain > 34 7. Title page, line 1, after < of > by inserting < certain > 35 -2- SF2148.3682 (3) 87 ns/rh 2/ 3 #3. #4. #5. #6.