S-5045

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

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TONY BISIGNANO