Senate File 547 H-1196 Amend Senate File 547, as passed by the Senate, as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 USE OF ELECTRONIC DEVICES WHILE DRIVING > 4 2. Page 7, after line 7 by inserting: 5 < DIVISION ___ 6 FRONT REGISTRATION PLATE DISPLAY EXEMPTION 7 Sec. ___. Section 321.37, subsection 1, Code 2023, is 8 amended to read as follows: 9 1. Registration plates issued for a motor vehicle other 10 than an autocycle, motorcycle, motorized bicycle, or truck 11 tractor shall be attached to the motor vehicle, one in the 12 front , unless exempted under section 321.37A, and the other 13 in the rear. The registration plate issued for an autocycle, 14 motorcycle, or other vehicle required to be registered 15 hereunder under this chapter shall be attached to the rear of 16 the vehicle. The registration plate issued for a truck tractor 17 shall be attached to the front of the truck tractor. The 18 special plate issued to a dealer shall be attached on the rear 19 of the vehicle when operated on the highways of this state. 20 Sec. ___. NEW SECTION . 321.37A Front registration plate 21 display exemption. 22 1. The registered owner of a motor vehicle other than an 23 autocycle, motorcycle, motorized bicycle, truck tractor, or 24 motor vehicle operating under a special plate issued to a 25 dealer may submit an application along with the required fee to 26 the department for an exemption to the requirement to display 27 a front registration plate on each eligible motor vehicle. 28 The application must include a completed form prescribed by 29 the department, which may be used for more than one eligible 30 vehicle exemption, and a fee of fifty dollars per motor 31 vehicle. The front registration plate display exemption shall 32 remain valid for as long as the registered owner owns the 33 vehicle. 34 2. Upon receipt of a valid, completed form and the required 35 -1- SF 547.1651 (2) 90 th/ns 1/ 12 #1. #2.

fee, the department shall note the front registration plate 1 display exemption in the electronic database used by the 2 department and law enforcement to access registration, titling, 3 and driver’s license information. 4 3. The department shall adopt rules pursuant to chapter 17A 5 to administer this section. 6 4. The fees collected by the department under this section 7 shall be remitted to the treasurer of state and deposited in 8 the road use tax fund. 9 DIVISION ___ 10 WINDOW TINT 11 Sec. ___. Section 321.438, subsection 2, Code 2023, is 12 amended to read as follows: 13 2. a. (1) A person shall not operate on the highway 14 a motor vehicle equipped with a front windshield , to which 15 material that reduces the transmission of light has been 16 applied, except a windshield may have such material applied 17 that allows at least thirty-five percent light transmittance 18 and does not exceed a luminous reflectance of twenty-five 19 percent above the manufacturer’s AS-1 line or within the top 20 five inches of the windshield. 21 (2) A person shall not operate on the highway a motor 22 vehicle equipped with a side window to the immediate right 23 or left of the driver operator , or a sidewing forward of and 24 to the left or right of the driver which is excessively dark 25 or reflective so that it is difficult for a person outside 26 the motor vehicle to see into the motor vehicle through the 27 windshield, window, or sidewing operator, that allows less than 28 thirty-five percent light transmittance or exceeds a luminous 29 reflectance of twenty-five percent . 30 (3) A person shall not operate on the highway a motor 31 vehicle equipped with a window other than as described in 32 subparagraphs (1) and (2) that allows less than thirty-five 33 percent light transmittance or exceeds a luminous reflectance 34 of twenty-five percent. This subparagraph does not apply to 35 -2- SF 547.1651 (2) 90 th/ns 2/ 12

a person operating a motor vehicle equipped with an outside 1 mirror attached to each side of the vehicle if the mirrors 2 comply with section 321.437. 3 b. If a peace officer stops a motor vehicle equipped with 4 a side window to the immediate right or left of the driver 5 that allows less than fifty percent light transmittance, the 6 driver shall lower the side window on the side of the officer’s 7 approach of the vehicle to the side window’s lowest possible 8 position prior to the completion of the officer’s approach 9 of the vehicle, and shall keep the side window in the lowest 10 possible position for the duration of the stop unless otherwise 11 instructed by the officer. A person convicted of a violation 12 of this paragraph is guilty of a simple misdemeanor punishable 13 as a scheduled violation under section 805.8A, subsection 14, 14 paragraph “q” . However, if the violation is a person’s first 15 violation of this paragraph, and the person has not previously 16 been issued a warning memorandum for a violation of this 17 paragraph, the officer shall issue a warning memorandum to the 18 driver in lieu of a citation. 19 a. The department shall adopt rules establishing a minimum 20 measurable standard of transparency which shall apply to 21 violations of this subsection . 22 b. c. This subsection does not apply to a person who 23 operates a motor vehicle owned or leased by a federal, state, 24 or local law enforcement agency if the operation is part of the 25 person’s official duties. 26 Sec. ___. Section 805.8A, subsection 3, paragraph ai, Code 27 2023, is amended to read as follows: 28 ai. Section 321.438 , subsection 1, subsection 2, paragraph 29 “a” , and subsection 3 . . . . . . . . . . . . . . . . . . . . . $ 70. 30 Sec. ___. Section 805.8A, subsection 14, Code 2023, is 31 amended by adding the following new paragraph: 32 NEW PARAGRAPH . q. Failure to lower tinted side window. For 33 violations under section 321.438, subsection 2, paragraph “b” , 34 the scheduled fine is twenty dollars. 35 -3- SF 547.1651 (2) 90 th/ns 3/ 12

DIVISION ___ 1 AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT 2 Sec. ___. NEW SECTION . 321P.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Automated or remote system for traffic law enforcement” 6 or “system” means a camera or other optical device designed to 7 work in conjunction with an official traffic control signal or 8 speed measuring device to detect motor vehicles being operated 9 in violation of traffic laws, the use of which results in the 10 issuance of citations sent through the mail or by electronic 11 means. 12 2. “Critical traffic safety issues” include traffic 13 violations resulting in a traffic collision or accident and 14 traffic collisions and accidents resulting in serious injury or 15 death occurring at a location. 16 3. “Department” means the state department of 17 transportation. 18 4. “Local authority” means a county or municipality 19 having authority to adopt local police regulations under the 20 Constitution of the State of Iowa and laws of this state. 21 Sec. ___. NEW SECTION . 321P.2 Permit required. 22 A person shall not use an automated or remote system for 23 traffic law enforcement unless authorized under this chapter. 24 A local authority shall not adopt, enforce, or otherwise 25 administer an ordinance authorizing the use of a system, and 26 shall not use a system, unless the local authority holds a 27 valid permit to use a system at the system’s location. A local 28 authority may apply for a permit by submitting an application 29 to the department in a manner determined by the department. 30 The department may approve or disapprove the application for a 31 permit based on the department’s determination that a system is 32 appropriate and necessary and the least restrictive means to 33 address the critical traffic safety issues at a location. The 34 department shall only issue one permit for a local authority, 35 -4- SF 547.1651 (2) 90 th/ns 4/ 12

which shall set forth all locations at which a local authority 1 is authorized to use a system. A local authority may submit an 2 application to the department to update the local authority’s 3 permit with a new location in the same manner and with the same 4 information as required for the initial permit. An application 5 for a permit must contain all of the following for a location 6 at which the local authority intends to operate a system: 7 1. Records detailing the number and description of traffic 8 violations at the location, which shall be compiled and 9 maintained by the local authority for at least one year prior 10 to the installation of the system and for each year the system 11 is in operation. The records shall be considered public 12 records for purposes of chapter 22. 13 2. Records detailing the number and severity of traffic 14 collisions and accidents occurring at the location. 15 3. An analysis of existing traffic speed data, posted speed 16 limits, traffic volume data, and intersection and roadway 17 measurements of the location. The analysis must demonstrate 18 to the department that existing speed restrictions and traffic 19 control signal timing are appropriate and must describe how 20 the speed restrictions and traffic control signal timing were 21 established. 22 4. The proposed cause of critical traffic safety issues at 23 the location. 24 5. Alternative methods to improve traffic safety at the 25 location that the local authority has implemented or has 26 considered but declined to implement. Alternative methods 27 to improve traffic safety may include but are not limited to 28 changes relating to law enforcement practices, roadway or 29 intersection design, traffic control devices used, and public 30 education campaigns. 31 6. Details of discussions, if any, held with an entity that 32 has resources which may aid the reduction of traffic collisions 33 and accidents caused at the location by failure to obey speed 34 restrictions or traffic control signals and subsequent actions 35 -5- SF 547.1651 (2) 90 th/ns 5/ 12

taken by the local authority. 1 7. An explanation detailing the reasons that the use of a 2 system at the location is appropriate and necessary and the 3 least restrictive means to address the critical traffic safety 4 issues. 5 Sec. ___. NEW SECTION . 321P.3 Use limited. 6 1. A local authority shall not use an automated or remote 7 system for traffic law enforcement to issue a citation for 8 a traffic violation unless the violation is for any of the 9 following: 10 a. Failure to yield or stop at an intersection controlled by 11 a traffic control signal. 12 b. Failure to yield or stop at a railroad crossing. 13 c. Exceeding the speed limit by more than ten miles per 14 hour. 15 2. A local authority with a population of twenty thousand or 16 less based on the 2020 federal decennial census shall not use a 17 mobile system to issue a citation for a traffic violation. The 18 department shall adopt rules pursuant to chapter 17A otherwise 19 authorizing and regulating the operation of mobile systems, 20 taking into consideration a mobile system’s mobility, flexible 21 usage, and the needs of a local authority to control traffic 22 speed to address critical traffic safety issues at a location. 23 However, the rules shall not authorize the use of a mobile 24 system other than in neighborhoods, construction zones, school 25 zones, including collegiate zones, and locations where traffic 26 enforcement is difficult or dangerous to enforce by alternative 27 methods. 28 3. A local authority, regardless of its population, may 29 issue a warning memorandum to the owner of a vehicle that was 30 operated in violation of a traffic law if the violation was 31 detected by an automated or remote system for traffic law 32 enforcement, including a mobile system. 33 Sec. ___. NEW SECTION . 321P.4 Notice —— signage and 34 reports. 35 -6- SF 547.1651 (2) 90 th/ns 6/ 12

1. a. A local authority shall not operate an automated or 1 remote system for traffic law enforcement at a fixed location 2 unless permanent signs meeting the requirements as specified in 3 the department manual on uniform traffic-control devices and 4 giving notice of the system are erected at least five hundred 5 feet but not more than one thousand feet along the approach of 6 the highway where the system is used. Signs required under 7 this paragraph shall be erected by the local authority at the 8 local authority’s expense at least thirty days prior to the 9 system enforcing any detected violations. 10 b. A local authority shall not operate a mobile automated 11 or remote system for traffic law enforcement unless permanent 12 signs meeting the requirements as specified in the department 13 manual on uniform traffic-control devices and giving notice 14 of the local authority’s use of a mobile system within the 15 boundaries of the local authority are posted at the location 16 where any highway enters the boundaries of the local authority. 17 2. A local authority using a system shall submit to the 18 department an annual report by March 1 of each year detailing 19 the number of traffic collisions and accidents that occurred at 20 each location where a system is in use, the number of citations 21 issued for each system during the previous calendar year, and 22 any other relevant information about the systems that the local 23 authority deems appropriate. The local authority shall post 24 the report on the local authority’s internet site, if the local 25 authority has an internet site. 26 Sec. ___. NEW SECTION . 321P.5 Enforcement. 27 1. A local authority shall not issue a citation or warning 28 memorandum for a violation detected by a system until a peace 29 officer of the local authority has reviewed and approved the 30 recorded photograph or video to affirm a traffic violation 31 occurred. 32 2. a. For a violation other than an excessive speed 33 violation, the amount of the fine imposed by a citation 34 resulting from a violation detected by a system shall not 35 -7- SF 547.1651 (2) 90 th/ns 7/ 12

exceed the amount of the scheduled fine for the violation under 1 section 805.8A. 2 b. For an excessive speed violation detected by a system 3 other than as provided in paragraph “c” , the fine shall not 4 exceed the following amounts: 5 (1) Seventy-five dollars for speed greater than ten miles 6 per hour in excess of the limit but not more than twenty miles 7 per hour in excess of the limit. 8 (2) One hundred dollars for speed greater than twenty miles 9 per hour in excess of the limit but not more than twenty-five 10 miles per hour in excess of the limit. 11 (3) Two hundred fifty dollars for speed greater than 12 twenty-five miles per hour in excess of the limit but not more 13 than thirty miles per hour in excess of the limit. 14 (4) Five hundred dollars for speed greater than thirty miles 15 per hour in excess of the limit. 16 c. For an excessive speed violation detected by a system in 17 a road work zone, as defined in section 321.1, the fine shall 18 not exceed the following amounts: 19 (1) One hundred fifty dollars for speed greater than ten 20 miles per hour in excess of the limit but not more than twenty 21 miles per hour in excess of the limit. 22 (2) Two hundred dollars for speed greater than twenty miles 23 per hour in excess of the limit but not more than twenty-five 24 miles per hour in excess of the limit. 25 (3) Five hundred dollars for speed greater than twenty-five 26 miles per hour in excess of the limit but not more than thirty 27 miles per hour in excess of the limit. 28 (4) One thousand dollars for speed greater than thirty miles 29 per hour in excess of the limit. 30 3. A system not in compliance with this chapter shall not 31 be used to detect violations. A citation issued while the 32 system is not in compliance with this chapter is void and 33 unenforceable. 34 4. A violation detected by an automated or remote system 35 -8- SF 547.1651 (2) 90 th/ns 8/ 12

for traffic law enforcement is a civil infraction. Such 1 a violation shall not be considered by the department of 2 transportation for purposes of driver’s license sanctions, 3 and shall not be considered by an insurer for purposes of a 4 person’s automobile insurance rates. The fine associated with 5 a citation issued by a local authority as the result of the use 6 of a system shall be a civil penalty. 7 Sec. ___. NEW SECTION . 321P.6 Liability for violations 8 detected. 9 1. A citation for a violation detected by an automated or 10 remote system for traffic law enforcement shall be issued to 11 the owner of the identified motor vehicle. 12 2. a. Notwithstanding subsection 1, a local authority shall 13 provide the owner of a motor vehicle who receives a citation 14 for a violation detected by a system with an opportunity 15 to submit evidence that the owner was not operating the 16 motor vehicle at the time of the violation. As part of the 17 proceeding, the owner shall provide the name and address of the 18 person who was operating the motor vehicle at the time of the 19 violation. 20 b. Notwithstanding subsection 1, a citation issued to the 21 owner of a motor vehicle may be amended and issued to the 22 person identified under paragraph “a” who was operating the 23 motor vehicle. 24 3. For purposes of this section, “owner” means a person 25 who holds the legal title to a motor vehicle. However, if the 26 motor vehicle is the subject of a security agreement with a 27 right of possession in the debtor, the debtor is deemed the 28 owner for purposes of this section, or if the motor vehicle is 29 leased as defined in section 321.493, the lessee is deemed the 30 owner for purposes of this section. 31 Sec. ___. NEW SECTION . 321P.7 Revenue —— disbursement and 32 retention. 33 A local authority that operates an automated or remote 34 system for traffic law enforcement under this chapter shall 35 -9- SF 547.1651 (2) 90 th/ns 9/ 12

remit monthly to the treasurer of state ten percent of the 1 moneys from the use of the system, not including the cost to 2 install, operate, and maintain the system. Moneys remitted 3 under this section shall be deposited in the rebuild Iowa 4 infrastructure fund created in section 8.57. The remaining 5 moneys retained by the local authority shall be used only for 6 public safety or improvements to transportation infrastructure 7 within the local authority’s jurisdiction. 8 Sec. ___. NEW SECTION . 321P.8 Installation and maintenance. 9 1. A local authority shall install a system in a manner that 10 minimizes the effect of camera flash on drivers, if a camera 11 flash is used. 12 2. An automated or remote system for traffic law enforcement 13 shall only record a photograph or video of a vehicle and the 14 vehicle’s registration plate while the vehicle is used to 15 commit an alleged traffic violation. A local authority shall 16 not install a system such that the system’s camera is placed 17 to capture the face of any person in the motor vehicle being 18 recorded. If a person’s face is unintentionally captured by 19 the system, the person’s face shall be obfuscated by the local 20 authority in any recording released to a person other than an 21 employee or agent of the local authority or the owner of the 22 vehicle, as defined in section 321P.6, unless otherwise ordered 23 by a court. The system’s unintentional capture of a person’s 24 face does not invalidate the associated citation. 25 3. A system shall verify its internal calibrations daily, 26 and a person trained in the calibration of the system shall 27 conduct a monthly calibration. 28 4. A local authority operating a system shall maintain 29 a monthly log detailing whether a person trained in the 30 calibration of the system successfully performed the monthly 31 calibrations and whether the system successfully performed the 32 daily internal calibrations. 33 5. The log and documentation of the calibrations required 34 under this section are admissible in any court proceeding 35 -10- SF 547.1651 (2) 90 th/ns 10/ 12

relating to a violation detected by the system. 1 6. If a daily or monthly calibration is not successfully 2 performed, the system shall not operate until a successful 3 calibration is subsequently performed. 4 DIVISION ___ 5 SYSTEM REVENUE —— CONTINGENT AMENDMENT 6 Sec. ___. Section 321P.7, if enacted by this Act, is amended 7 to read as follows: 8 321P.7 Revenue —— disbursement and retention. 9 A local authority that operates an automated or remote 10 system for traffic law enforcement under this chapter shall 11 remit monthly to the treasurer of state ten percent of the 12 moneys from the use of the system, not including the cost to 13 install, operate, and maintain the system. Moneys remitted 14 under this section shall be deposited in the rebuild Iowa 15 infrastructure length of service award program grant fund 16 created in section 8.57 100B.52 . The remaining moneys retained 17 by the local authority shall be used only for public safety or 18 improvements to transportation infrastructure within the local 19 authority’s jurisdiction. 20 Sec. ___. CONTINGENT EFFECTIVE DATE. This division of this 21 Act takes effect on the effective date of 2023 Iowa Acts, House 22 File 340, if enacted. 23 DIVISION ___ 24 EXISTING SYSTEMS 25 Sec. ___. EXISTING SYSTEMS. 26 1. A local authority using an automated or remote system 27 for traffic law enforcement prior to July 1, 2023, may submit 28 to the department of transportation by July 1, 2023, a list 29 of system locations and justifications for placement and use 30 of the systems at the locations in conformance with section 31 321P.2, as enacted in this Act, to the extent practicable, 32 as determined by the department. The department shall, by 33 October 1, 2023, issue a permit as provided in section 321P.2, 34 as enacted in this Act, to a local authority that provided 35 -11- SF 547.1651 (2) 90 th/ns 11/ 12

valid submissions in accordance with this subsection. A local 1 authority using a system prior to July 1, 2023, may continue 2 to use the system in the same manner and at the same locations 3 as the system was used on or before July 1, 2023, during the 4 period of time between the local authority’s submission to the 5 department and the date the department issues the permit to the 6 local authority. If, on October 1, 2023, a local authority has 7 not been issued a permit by the department as a result of a 8 submission that was not timely filed, or due to a timely filed 9 submission that did not otherwise comply with this subsection, 10 the local authority shall cease using all systems until the 11 local authority obtains a permit from the department pursuant 12 to section 321P.2, as enacted in this Act. 13 2. A local authority using an automated or remote system 14 for traffic law enforcement at a location for the first time 15 on or after July 1, 2023, shall not be issued a permit by the 16 department of transportation pursuant to section 321P.2, as 17 enacted in this Act, before July 1, 2025. 18 Sec. ___. EFFECTIVE DATE. This division of this Act, being 19 deemed of immediate importance, takes effect upon enactment. > 20 3. Title page, by striking lines 1 through 3 and inserting 21 < An Act relating to motor vehicles, including the use of 22 electronic devices while driving, front registration plate 23 exemptions, window tint, and automated or remote systems for 24 traffic law enforcement, providing penalties, making penalties 25 applicable, providing fees, and including effective date 26 provisions. > 27 4. By renumbering as necessary. 28 ______________________________ BEST of Carroll -12- SF 547.1651 (2) 90 th/ns 12/ 12 #3. #4.