House Amendment to Senate File 220 S-5157 Amend Senate File 220, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 321.1, Code 2018, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 06B. “Automated traffic law enforcement 7 system” means a device used for the enforcement of laws 8 regulating vehicular traffic and equipped with one or more 9 sensors working in conjunction with one of the following: 10 a. An official traffic-control signal, to produce recorded 11 images of motor vehicles entering an intersection against a red 12 signal light. 13 b. A speed measuring device, to produce recorded images of 14 motor vehicles traveling at a prohibited rate of speed. 15 c. A railroad grade crossing signal light, as described in 16 section 321.342, to produce recorded images of motor vehicles 17 violating the signal light. 18 d. Any official traffic-control device, if failure to comply 19 with the official traffic-control device constitutes a moving 20 violation under this chapter. 21 Sec. 2. NEW SECTION . 321.492C Automated traffic law 22 enforcement systems. 23 1. The department shall not place, operate, maintain, 24 or employ the use of any automated traffic law enforcement 25 system. The department shall not cause to be placed any 26 automated traffic law enforcement system except as provided in 27 this section or in rules adopted by the department under this 28 section. 29 2. a. A local authority, or another entity on a local 30 authority’s behalf, shall not operate an automated traffic law 31 enforcement system without approving the use of the system 32 following an established self-certification process. The 33 self-certification process shall include a justification report 34 meeting the requirements of paragraph “b” , which shall be 35 -1- SF220.4638 (1) 87 md 1/ 8 #1.

made readily available for the public to review, and a public 1 hearing at which the local authority shall provide evidence 2 of a demonstrated safety need for the automated traffic law 3 enforcement system. Notice of the date, time, and place of 4 the hearing shall be published in the manner described in 5 section 362.3. A public hearing may address several locations 6 at which a local authority intends to place an automated 7 traffic law enforcement system. However, a local authority 8 shall adopt an ordinance approving the use of an automated 9 traffic law enforcement system for each location at which the 10 local authority operates a fixed or mobile automated traffic 11 law enforcement system. A local authority may approve the 12 operation of an automated traffic law enforcement system 13 only if the system is located in a documented high-crash or 14 high-risk location at which there is a demonstrated safety 15 need for the system. The local authority shall demonstrate 16 the safety need for the system based on the volume of traffic, 17 the history of motor vehicle accidents, the frequency and type 18 of traffic violations, the risk to peace officers employing 19 traditional traffic enforcement methods, any additional 20 information required in the justification report, and any other 21 safety criteria deemed appropriate by the local authority. 22 These requirements shall apply for each location at which a 23 local authority, or another entity on a local authority’s 24 behalf, operates a fixed or mobile automated traffic law 25 enforcement system. However, any area located within a road 26 work zone or school district, as those terms are defined in 27 section 321.1, shall be presumed to be a high-risk location at 28 which there is a demonstrated safety need for a system. 29 b. A justification report shall provide all necessary 30 information and documentation to demonstrate whether an area is 31 a high-crash or high-risk location and shall include but not be 32 limited to documentation regarding all the following: 33 (1) Existing traffic speeds, posted speed limits, 34 traffic volumes, and intersection or roadway geometry. Such 35 -2- SF220.4638 (1) 87 md 2/ 8

documentation shall provide assurance that existing speed 1 limits and official traffic-control signal timings are 2 appropriate and shall describe how the limits and timings were 3 established. 4 (2) The applicable motor vehicle accident history, the 5 primary accident types, accident causes, accident severity, and 6 the history of any related traffic violations. Only accidents 7 attributable to violating the speed limit or an official 8 traffic-control signal shall be included in this report. Such 9 documentation shall compare accident data with data from other 10 similar locations within the local authority’s jurisdiction, 11 other similar jurisdictions, and larger metropolitan areas. 12 (3) The identification of critical traffic safety issues 13 related to the data required by subparagraphs (1) and (2), 14 including a comprehensive list of solutions that may address 15 the critical traffic safety issues. 16 (4) Solutions or safety countermeasures that the local 17 authority has implemented along with those that the local 18 authority has considered but not implemented. These may 19 include solutions relating to law enforcement, engineering, 20 public education campaigns, or other safety countermeasures. 21 (5) Discussions held and actions taken by the local 22 authority with any partnering entities that have resources 23 which could aid in the reduction of accidents attributable 24 to violating the speed limit or an official traffic-control 25 signal. 26 (6) The reason or reasons the local authority believes an 27 automated traffic law enforcement system is the best solution 28 to address the critical traffic safety issues. 29 c. A local authority, or another entity on a local 30 authority’s behalf, shall not operate an automated traffic law 31 enforcement system without posting signage meeting all of the 32 following requirements: 33 (1) For a fixed automated traffic law enforcement system, 34 permanent signs advising drivers that the system is in place 35 -3- SF220.4638 (1) 87 md 3/ 8

shall be posted in clear and present view of passing drivers in 1 advance of the location where the system is in use. 2 (2) For a mobile automated traffic law enforcement system, 3 temporary or permanent signs advising drivers that the system 4 is in place shall be posted in clear and present view of 5 passing drivers in advance of the location where the system is 6 in use. 7 (3) The signage conforms to the manual on uniform 8 traffic-control devices as adopted by the department. 9 d. A local authority, or another entity on a local 10 authority’s behalf, shall not issue a citation resulting from 11 the use of an automated traffic law enforcement system until 12 an active peace officer of the local authority has reviewed 13 the citation and any relevant recorded images produced by the 14 system. 15 e. The amount of the fine or civil penalty imposed by a 16 citation resulting from the use of an automated traffic law 17 enforcement system shall not exceed the amount of the fine for 18 a scheduled violation under section 805.8A for the same or a 19 similar violation of this chapter. 20 f. An automated traffic law enforcement system working 21 in conjunction with a speed measuring device or official 22 traffic-control signal shall comply with the generally accepted 23 procedures for operating the system. An automated traffic law 24 enforcement system shall verify its internal calibrations on a 25 daily basis. If the daily internal calibration is not valid, 26 the system shall not operate until a successful calibration 27 is subsequently conducted. In addition to the daily internal 28 calibration, a monthly calibration shall be conducted by a 29 person trained in the calibration of the system. A person 30 trained in the calibration of a mobile automated traffic law 31 enforcement system shall also conduct a calibration prior to 32 the use of the mobile system after any change in location. 33 A local authority, or another entity on a local authority’s 34 behalf, operating an automated traffic law enforcement 35 -4- SF220.4638 (1) 87 md 4/ 8

system shall maintain a monthly log detailing whether the 1 local authority or entity successfully performed the daily 2 and monthly calibrations. The log and documentation of the 3 calibrations shall be admissible in any court proceeding 4 relating to an official traffic-control signal violation 5 pursuant to section 321.257 or a speed limit violation pursuant 6 to section 321.285. 7 g. A local authority shall maintain or compile records 8 relating to the number of traffic violations and number 9 of traffic accidents for all locations at which the local 10 authority, or another entity on a local authority’s behalf, 11 operates or intends to operate an automated traffic law 12 enforcement system. Such records shall be maintained or 13 compiled by the local authority for one year prior to the 14 installation of the automated traffic law enforcement system 15 and for each year the automated traffic law enforcement 16 system is in operation. Such records shall be available for 17 examination to the same extent allowed in section 22.2. A 18 local authority with an automated traffic law enforcement 19 system operating within its jurisdiction shall file an annual 20 report with the general assembly on or before December 31 of 21 each year detailing the effectiveness of each automated traffic 22 law enforcement system operating within its jurisdiction. An 23 annual report shall include the justification report described 24 in paragraph “b” and shall also include but not be limited to 25 information relating to increases or decreases in the number of 26 speed limit violations, violations of official traffic-control 27 signals, and traffic accidents. 28 h. Prior to a local authority placing an automated traffic 29 law enforcement system on a primary road, the local authority 30 shall obtain approval from the department in accordance 31 with rules adopted by the department. A local authority 32 shall submit to the department any information requested by 33 the department during the approval process. If the local 34 authority’s use of the system is approved by the department, 35 -5- SF220.4638 (1) 87 md 5/ 8

the local authority shall follow the requirements set forth 1 in rules adopted by the department. The department may 2 modify its rules relating to automated traffic law enforcement 3 systems to the extent necessary to ensure automated traffic 4 law enforcement systems are operated in a safe and equitable 5 manner. This paragraph “h” shall not apply to an automated 6 traffic law enforcement system approved or allowed to operate 7 in accordance with rules adopted by the department and in 8 operation prior to January 1, 2017. A local authority may 9 continue to operate such a system in the same manner as the 10 system was operated prior to January 1, 2017. However, after a 11 local authority discontinues operation of such a system, any 12 new manner of operation or new system operated by the local 13 authority shall comply with this paragraph “h” . The department 14 shall have the authority to annually review all automated 15 traffic law enforcement systems placed on primary roads and 16 shall have the authority to require removal or modification of 17 such systems. 18 i. A local authority shall designate a process by which 19 a person may appeal a citation issued through the use of an 20 automated traffic law enforcement system, which at a minimum 21 shall provide for all of the following: 22 (1) An appeal to an impartial body created by the local 23 authority to review citations issued through the use of 24 automated traffic law enforcement systems. 25 (2) Following a decision from the impartial body that is 26 adverse to the person, an appeal to the district court, sitting 27 in small claims, of the county in which the local authority is 28 located. 29 j. (1) A local authority shall authorize a petition process 30 by which citizens within the local authority may petition for 31 the removal of a fixed automated traffic law enforcement system 32 or the disapproval of a location approved for the use of mobile 33 automated traffic law enforcement systems in accordance with 34 this section. Petitions under this paragraph “j” shall be 35 -6- SF220.4638 (1) 87 md 6/ 8

specific to one fixed system or one location approved for the 1 use of mobile systems. 2 (2) If the local authority is a city, a petition brought 3 under this paragraph “j” is valid if it is signed by a number 4 of eligible electors of the city equal to or greater than ten 5 percent of the number of persons who voted in the last regular 6 city election. The petition shall include the signatures of 7 the petitioners, the places of residence of the petitioners, 8 and the date on which the petitioners signed the petition. 9 (3) If the local authority is a county, a petition brought 10 under this paragraph “j” is valid if it is signed by a number 11 of eligible electors of the county equal to or greater than 12 ten percent of the number of votes cast in the county in the 13 last presidential election. The petition shall include the 14 signatures of the petitioners, the places of residence of the 15 petitioners, and the date on which the petitioners signed the 16 petition. 17 (4) If a petition is valid as provided in this paragraph 18 “j” , the city council or county board of supervisors, as 19 applicable, shall vote on whether to repeal the ordinance 20 allowing the operation of the fixed system or approving the 21 location for the use of mobile systems. 22 (5) If a city council or county board of supervisors has 23 voted pursuant to subparagraph (4), a new petition for the same 24 fixed system or the same location approved for use of mobile 25 systems shall not be valid for three years after the date of 26 the vote. 27 k. A local authority that operates an automated traffic 28 law enforcement system in violation of this section shall be 29 precluded from operating any automated traffic law enforcement 30 system for a period of two years. A citizen residing within 31 the jurisdiction of a local authority which violates this 32 section shall be allowed to file suit to enjoin the local 33 authority from operating an automated traffic law enforcement 34 system in accordance with this paragraph “k” . 35 -7- SF220.4638 (1) 87 md 7/ 8

3. All moneys collected by a local authority from citations 1 issued as a result of the use of an automated traffic law 2 enforcement system, less the amount necessary for the 3 installation, operation, and maintenance of the automated 4 traffic law enforcement system, shall be deposited in the 5 account or accounts maintained by the local authority for 6 moneys appropriated to the local authority from the secondary 7 road fund or street construction fund of the cities, or shall 8 be deposited in any account and used for the purposes of public 9 safety. This subsection shall not apply to moneys collected 10 for court costs or other associated costs, the criminal penalty 11 surcharge required by section 911.1, or the county enforcement 12 surcharge required by section 911.4, as applicable. > 13 2. Title page, line 2, by striking < and providing a penalty > 14 and inserting < including systems in road work zones and school 15 districts, and providing penalties > 16 -8- SF220.4638 (1) 87 md 8/ 8