House File 629 H-1332 Amend House File 629 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT 5 Section 1. NEW SECTION . 321P.1 Definitions. 6 As used in this chapter, unless the context otherwise 7 requires: 8 1. “Automated or remote system for traffic law enforcement” 9 or “system” means a camera or other optical device designed to 10 work in conjunction with an official traffic control signal or 11 speed measuring device to detect motor vehicles being operated 12 in violation of traffic laws, the use of which results in the 13 issuance of citations sent through the mail or by electronic 14 means. 15 2. “Critical traffic safety issues” include traffic 16 violations resulting in a traffic collision or accident and 17 traffic collisions and accidents resulting in serious injury or 18 death occurring at a location. 19 3. “Department” means the state department of 20 transportation. 21 4. “Local authority” means a county or municipality 22 having authority to adopt local police regulations under the 23 Constitution of the state of Iowa and laws of this state. 24 Sec. 2. NEW SECTION . 321P.2 Permit required. 25 A person shall not use an automated or remote system for 26 traffic law enforcement unless authorized under this chapter. 27 A local authority shall not adopt, enforce, or otherwise 28 administer an ordinance authorizing the use of a system, and 29 shall not use a system, unless the local authority holds a 30 valid permit to use a system at the system’s location. A local 31 authority may apply for a permit by submitting an application 32 to the department in a manner determined by the department. 33 The department may approve or disapprove the application for a 34 permit based on the department’s determination that a system is 35 -1- HF 629.2057 (2) 90 th/ns 1/ 8 #1.

appropriate and necessary and the least restrictive means to 1 address the critical traffic safety issues at a location. The 2 department shall only approve one permit for a local authority, 3 which shall set forth all locations at which a local authority 4 is authorized to use a system. A local authority may submit an 5 application to the department to update the local authority’s 6 permit with a new location in the same manner and with the same 7 information as required for the initial permit. An application 8 for a permit must contain all of the following for a location 9 at which the local authority intends to operate a system: 10 1. Records detailing the number and description of traffic 11 violations at the location, which shall be compiled and 12 maintained by the local authority for at least one year prior 13 to the installation of the system and for each year the system 14 is in operation. The records shall be considered public 15 records for purposes of chapter 22. 16 2. Records detailing the number and severity of traffic 17 collisions and accidents occurring at the location, which 18 shall include a comparison of measured traffic collision and 19 accident data at the location with traffic collision and 20 accident data from other similar locations within the local 21 authority’s jurisdiction, other similar jurisdictions, and 22 larger metropolitan areas. 23 3. An analysis of existing traffic speed data, posted speed 24 limits, traffic volume data, and intersection and roadway 25 measurements of the location. The analysis must demonstrate 26 to the department that existing speed restrictions and traffic 27 control signal timing are appropriate and must describe how 28 the speed restrictions and traffic control signal timing were 29 established. 30 4. The proposed cause of critical traffic safety issues at 31 the location. 32 5. Alternative methods to improve traffic safety at the 33 location that the local authority has implemented or has 34 considered but declined to implement. Alternative methods 35 -2- HF 629.2057 (2) 90 th/ns 2/ 8

to improve traffic safety may include but are not limited to 1 changes relating to law enforcement practices, roadway or 2 intersection design, traffic control devices used, and public 3 education campaigns. 4 6. Details of discussions, if any, held with an entity that 5 has resources which may aid the reduction of traffic collisions 6 and accidents caused at the location by failure to obey speed 7 restrictions or traffic control signals and subsequent actions 8 taken by the local authority. 9 7. An explanation detailing the reasons that the use of a 10 system at the location is appropriate and necessary and the 11 least restrictive means to address the critical traffic safety 12 issues. 13 Sec. 3. NEW SECTION . 321P.3 Use limited. 14 1. A local authority shall not use an automated or remote 15 system for traffic law enforcement to issue a citation for 16 a traffic violation unless the violation is for any of the 17 following: 18 a. Failure to yield or stop at an intersection controlled by 19 a traffic control signal. 20 b. Failure to yield or stop at a railroad crossing. 21 c. Exceeding the speed limit by more than ten miles per 22 hour. 23 2. A local authority shall not use a mobile system to issue 24 a citation for a traffic violation, regardless of whether the 25 mobile system is placed at an approved location under the local 26 authority’s permit. 27 3. A local authority may issue a warning memorandum to the 28 owner of a vehicle that was operated in violation of a traffic 29 law if the violation was detected by an automated or remote 30 system for traffic law enforcement, including a mobile system. 31 Sec. 4. NEW SECTION . 321P.4 Notice —— signage and reports. 32 1. A local authority shall not operate an automated or 33 remote system for traffic law enforcement unless permanent 34 signs meeting the requirements as specified in the department 35 -3- HF 629.2057 (2) 90 th/ns 3/ 8

manual on uniform traffic-control devices and giving notice of 1 the system are erected at least five hundred feet but not more 2 than one thousand feet along the approach of the highway where 3 the system is used. Signs required under this subsection shall 4 be erected by the local authority at the local authority’s 5 expense at least thirty days prior to the system enforcing any 6 detected violations. 7 2. A local authority using a system shall submit to the 8 department an annual report by March 1 of each year detailing 9 the number of traffic collisions and accidents that occurred at 10 each location where a system is in use, the number of citations 11 issued for each system during the previous calendar year, and 12 any other relevant information about the systems that the local 13 authority deems appropriate. The local authority shall post 14 the report on the local authority’s internet site, if the local 15 authority has an internet site. 16 Sec. 5. NEW SECTION . 321P.5 Enforcement. 17 1. A local authority shall not issue a citation or warning 18 memorandum for a violation detected by a system until a peace 19 officer of the local authority has reviewed and approved the 20 recorded photograph or video to affirm a traffic violation 21 occurred. 22 2. a. For a violation other than an excessive speed 23 violation, the amount of the fine imposed by a citation 24 resulting from a violation detected by a system shall not 25 exceed the amount of the scheduled fine for the violation under 26 section 805.8A. 27 b. For an excessive speed violation detected by a system 28 other than as provided in paragraph “c” , the fine shall not 29 exceed the following amounts: 30 (1) Fifty dollars for speed greater than ten miles per hour 31 in excess of the limit but not more than twenty miles per hour 32 in excess of the limit. 33 (2) Seventy-five dollars for speed greater than twenty 34 miles per hour in excess of the limit but not more than thirty 35 -4- HF 629.2057 (2) 90 th/ns 4/ 8

miles per hour in excess of the limit. 1 (3) Two hundred fifty dollars for speed greater than thirty 2 miles per hour in excess of the limit. 3 c. For an excessive speed violation detected by a system in 4 a road work zone, as defined in section 321.1, the fine shall 5 not exceed the following amounts: 6 (1) One hundred dollars for speed greater than ten miles per 7 hour in excess of the limit but not more than twenty miles per 8 hour in excess of the limit. 9 (2) One hundred fifty dollars for speed greater than twenty 10 miles per hour in excess of the limit but not more than thirty 11 miles per hour in excess of the limit. 12 (3) Five hundred dollars for speed greater than thirty miles 13 per hour in excess of the limit. 14 3. A system not in compliance with this chapter shall not 15 be used to detect violations. A citation issued while the 16 system is not in compliance with this chapter is void and 17 unenforceable. 18 Sec. 6. NEW SECTION . 321P.6 Liability for violations 19 detected. 20 1. A citation for a violation detected by an automated or 21 remote system for traffic law enforcement shall be issued to 22 the owner of the identified motor vehicle. 23 2. a. Notwithstanding subsection 1, a local authority shall 24 provide the owner of a motor vehicle who receives a citation 25 for a violation detected by a system with an opportunity 26 to submit evidence that the owner was not operating the 27 motor vehicle at the time of the violation. As part of the 28 proceeding, the owner shall provide the name and address of the 29 person who was operating the motor vehicle at the time of the 30 violation. 31 b. Notwithstanding subsection 1, a citation issued to the 32 owner of a motor vehicle may be amended and issued to the 33 person identified under paragraph “a” who was operating the 34 motor vehicle. However, the owner of the motor vehicle shall 35 -5- HF 629.2057 (2) 90 th/ns 5/ 8

pay the fine if the person operating the motor vehicle does not 1 pay the fine. 2 3. For purposes of this section, “owner” means a person 3 who holds the legal title to a motor vehicle. However, if the 4 motor vehicle is the subject of a security agreement with a 5 right of possession in the debtor, the debtor is deemed the 6 owner for purposes of this section, or if the motor vehicle is 7 leased as defined in section 321.493, the lessee is deemed the 8 owner for purposes of this section. 9 Sec. 7. NEW SECTION . 321P.7 Revenue —— disbursement and 10 retention. 11 A local authority that operates an automated or remote 12 system for traffic law enforcement under this chapter shall 13 remit monthly to the treasurer of state ten percent of the 14 moneys from the use of the system, not including the cost to 15 install, operate, and maintain the system. Moneys remitted 16 under this section shall be deposited in the road use tax fund. 17 The remaining moneys retained by the local authority shall be 18 used only for public safety or improvements to transportation 19 infrastructure within the local authority’s jurisdiction. 20 Sec. 8. NEW SECTION . 321P.8 Installation and maintenance. 21 1. A local authority shall install a system in a manner that 22 minimizes the effect of camera flash on drivers, if a camera 23 flash is used. 24 2. An automated or remote system for traffic law enforcement 25 shall only record a photograph or video of a vehicle and the 26 vehicle’s registration plate while the vehicle is used to 27 commit an alleged traffic violation. A local authority shall 28 not install a system such that the system’s camera is placed 29 to capture the face of any person in the motor vehicle being 30 recorded. If a person’s face is unintentionally captured by 31 the system, the person’s face shall be obfuscated by the local 32 authority in any recording released to a person other than an 33 employee or agent of the local authority, unless otherwise 34 ordered by a court. The system’s unintentional capture of a 35 -6- HF 629.2057 (2) 90 th/ns 6/ 8

person’s face does not invalidate the associated citation. 1 3. An automated or remote system for traffic law enforcement 2 shall comply with the generally accepted procedures for 3 operating the system. 4 4. A system shall verify its internal calibrations daily, 5 and a person trained in the calibration of the system shall 6 conduct a monthly calibration. 7 5. A local authority operating a system shall maintain 8 a monthly log detailing whether a person trained in the 9 calibration of the system successfully performed the monthly 10 calibrations and whether the system successfully performed the 11 daily internal calibrations. 12 6. The log and documentation of the calibrations required 13 under this section are admissible in any court proceeding 14 relating to a violation detected by the system. 15 7. If a daily or monthly calibration is not successfully 16 performed, the system shall not operate until a successful 17 calibration is subsequently performed. 18 DIVISION II 19 EXISTING SYSTEMS 20 Sec. 9. EXISTING SYSTEMS. 21 1. A local authority using an automated or remote system 22 for traffic law enforcement prior to April 1, 2023, may submit 23 to the department of transportation by April 1, 2023, a list 24 of system locations and justifications for placement and use 25 of the systems at the locations in conformance with section 26 321P.2, as enacted in this Act, to the extent practicable, as 27 determined by the department. The department may, by July 28 1, 2023, issue a permit to the local authority as provided 29 in section 321P.2, as enacted in this Act. If, on July 1, 30 2023, the local authority has not been issued a permit by the 31 department, the local authority shall cease using all systems 32 until the local authority obtains a permit from the department 33 pursuant to section 321P.2, as enacted in this Act. 34 2. A local authority using an automated or remote system 35 -7- HF 629.2057 (2) 90 th/ns 7/ 8

for traffic law enforcement at a location for the first time 1 on or after April 1, 2023, shall not be issued a permit by the 2 department of transportation pursuant to section 321P.2, as 3 enacted in this Act, before July 1, 2025. 4 Sec. 10. EFFECTIVE DATE. This division of this Act, being 5 deemed of immediate importance, takes effect upon enactment. > 6 2. Title page, by striking lines 1 and 2 and inserting 7 < An Act regulating the use of automated or remote systems 8 for traffic law enforcement, and including effective date 9 provisions. > 10 ______________________________ P. THOMPSON of Boone -8- HF 629.2057 (2) 90 th/ns 8/ 8 #2.