Senate File 2408 S-5141 Amend Senate File 2408 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 AUTOMATIC REGISTRATION PLATE READERS 6 Section 1. NEW SECTION . 321P.1 Definitions. 7 As used in this chapter, unless the context otherwise 8 requires: 9 1. “Automated or remote system for traffic law enforcement” 10 or “system” means a camera or other optical device designed to 11 work in conjunction with a speed measuring device to detect 12 motor vehicles being operated in violation of the speed limit, 13 the use of which results in the issuance of citations sent 14 through the mail or by electronic 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 —— local 25 ordinances. 26 1. A person shall not use an automated or remote system 27 for traffic law enforcement unless authorized under this 28 chapter. A local authority shall not adopt, enforce, or 29 otherwise administer an ordinance authorizing the use of a 30 system, and shall not use a system, unless the local authority 31 holds a valid permit to use a system at the system’s location. 32 Notwithstanding section 331.302, subsection 6, and section 33 380.3, the governing body of a local authority that is 34 considering an ordinance to authorize or implement traffic law 35 -1- SF 2408.4140 (3) 90 amending this SF 2408 to CONFORM to HF 2681 th/ns 1/ 9 #1.

enforcement by automated or remote systems shall not suspend 1 the requirements of section 331.302, subsection 6, or section 2 380.3, as applicable. 3 2. A local authority may apply for a permit by submitting 4 an application to the department in a manner determined by 5 the department. The department may approve or disapprove 6 the application for a permit based on the department’s 7 determination that a system is appropriate and necessary and 8 the least restrictive means to address the critical traffic 9 safety issues at a location. The department shall only issue 10 one permit for a local authority, which shall set forth all 11 locations at which a local authority is authorized to use a 12 system. A local authority may submit an application to the 13 department to update the local authority’s permit with a new 14 location in the same manner and with the same information as 15 required for the initial permit. An application for a permit 16 must contain all of the following for a location at which the 17 local authority intends to operate a system: 18 a. Records detailing the number and description of traffic 19 violations at the location, which shall be compiled and 20 maintained by the local authority for at least one year prior 21 to the installation of the system and for each year the system 22 is in operation. The records shall be considered public 23 records for purposes of chapter 22. 24 b. Records detailing the number and severity of traffic 25 collisions and accidents occurring at the location. 26 c. An analysis of existing traffic speed data, posted speed 27 limits, traffic volume data, and intersection and roadway 28 measurements of the location. The analysis must demonstrate to 29 the department that existing speed restrictions are appropriate 30 and must describe how the speed restrictions were established. 31 d. The proposed cause of critical traffic safety issues at 32 the location. 33 e. Alternative methods to improve traffic safety at the 34 location that the local authority has implemented or has 35 -2- SF 2408.4140 (3) 90 amending this SF 2408 to CONFORM to HF 2681 th/ns 2/ 9

considered but declined to implement. Alternative methods 1 to improve traffic safety may include but are not limited to 2 changes relating to law enforcement practices, roadway or 3 intersection design, traffic control devices used, and public 4 education campaigns. 5 f. Details of discussions, if any, held with an entity 6 that has resources which may aid the reduction of traffic 7 collisions and accidents caused at the location by failure to 8 obey speed restrictions and subsequent actions taken by the 9 local authority. 10 g. An explanation detailing the reasons that the use of a 11 system at the location is appropriate and necessary and the 12 least restrictive means to address the critical traffic safety 13 issues. 14 Sec. 3. NEW SECTION . 321P.3 Use limited. 15 1. A local authority shall not use an automated or remote 16 system for traffic law enforcement to issue a citation for a 17 traffic violation unless the violation is for exceeding the 18 speed limit by more than ten miles per hour. 19 2. A local authority with a population of twenty thousand or 20 less based on the most recent federal decennial census shall 21 not use a mobile system to issue a citation for a traffic 22 violation. The department shall adopt rules pursuant to 23 chapter 17A otherwise authorizing and regulating the operation 24 of mobile systems, taking into consideration a mobile system’s 25 mobility, flexible usage, and the needs of a local authority to 26 control traffic speed to address critical traffic safety issues 27 at a location. However, the rules shall not authorize the use 28 of a mobile system other than in neighborhoods, construction 29 zones, school zones, including collegiate zones, and locations 30 where traffic enforcement is difficult or dangerous to enforce 31 by alternative methods. 32 3. A local authority, regardless of its population, may 33 issue a warning memorandum to the owner of a vehicle that was 34 operated in violation of a traffic law if the violation was 35 -3- SF 2408.4140 (3) 90 amending this SF 2408 to CONFORM to HF 2681 th/ns 3/ 9

detected by an automated or remote system for traffic law 1 enforcement, including a mobile system. 2 Sec. 4. NEW SECTION . 321P.4 Automatic registration plate 3 readers —— data retention limited. 4 1. The operator of an automatic registration plate reader 5 or any associated data storage device shall permanently delete 6 from the plate reader and storage device, as applicable, every 7 image of a vehicle registration plate captured by the plate 8 reader, and any other accompanying data, no later than thirty 9 days after the image was captured. 10 2. Prior to deletion under subsection 1, an image of 11 a vehicle registration plate captured by an automatic 12 registration plate reader, and any other accompanying data, 13 may be copied and stored by a law enforcement agency if the 14 image and data are relevant to an ongoing criminal case or 15 investigation. The law enforcement agency shall maintain 16 the copied registration plate image and accompanying data in 17 accordance with the agency’s evidence retention policies. 18 Copies maintained by the law enforcement agency are not subject 19 to subsection 1. 20 3. For purposes of this section, “automatic registration 21 plate reader” or “plate reader” means a camera or other optical 22 device designed or programmed to automatically detect a 23 vehicle’s registration plate, or to automatically capture 24 or store an image of a vehicle’s registration plate and any 25 accompanying data. 26 4. A person who violates subsection 1 commits a simple 27 misdemeanor. 28 Sec. 5. NEW SECTION . 321P.5 Notice —— signage and reports. 29 1. a. A local authority shall not operate an automated or 30 remote system for traffic law enforcement at a fixed location 31 unless permanent signs meeting the requirements as specified in 32 the department manual on uniform traffic-control devices and 33 giving notice of the system are erected at least five hundred 34 feet but not more than one thousand feet along the approach of 35 -4- SF 2408.4140 (3) 90 amending this SF 2408 to CONFORM to HF 2681 th/ns 4/ 9

the highway where the system is used. 1 b. A local authority shall not operate a mobile automated 2 or remote system for traffic law enforcement unless permanent 3 signs meeting the requirements as specified in the department 4 manual on uniform traffic-control devices and giving notice 5 of the local authority’s use of a mobile system within the 6 boundaries of the local authority are posted at every location 7 where a highway enters the boundaries of the local authority. 8 c. Signs required under this subsection shall be erected 9 by the local authority at the local authority’s expense at 10 least thirty days prior to a system enforcing any detected 11 violations. 12 2. A local authority using a system shall submit to the 13 department an annual report by March 1 of each year detailing 14 the number of traffic collisions and accidents that occurred at 15 each location where a system is in use, the number of citations 16 issued for each system during the previous calendar year, and 17 any other relevant information about the systems that the local 18 authority deems appropriate. The local authority shall post 19 the report on the local authority’s internet site, if the local 20 authority has an internet site. 21 Sec. 6. NEW SECTION . 321P.6 Enforcement. 22 1. A local authority shall not issue a citation or warning 23 memorandum for a violation detected by a system until a peace 24 officer of the local authority, or an individual trained and 25 certified by the local authority, has reviewed and approved 26 the recorded photograph or video to affirm a traffic violation 27 occurred. 28 2. a. For an excessive speed violation detected by a system 29 other than as provided in paragraph “b” , the fine shall not 30 exceed the following amounts: 31 (1) Seventy-five dollars for speed greater than ten miles 32 per hour in excess of the limit but not more than twenty miles 33 per hour in excess of the limit. 34 (2) One hundred dollars for speed greater than twenty miles 35 -5- SF 2408.4140 (3) 90 amending this SF 2408 to CONFORM to HF 2681 th/ns 5/ 9

per hour in excess of the limit but not more than twenty-five 1 miles per hour in excess of the limit. 2 (3) Two hundred fifty dollars for speed greater than 3 twenty-five miles per hour in excess of the limit but not more 4 than thirty miles per hour in excess of the limit. 5 (4) Five hundred dollars for speed greater than thirty miles 6 per hour in excess of the limit. 7 b. For an excessive speed violation detected by a system in 8 a road work zone, as defined in section 321.1, the fine shall 9 not exceed the following amounts: 10 (1) One hundred fifty dollars for speed greater than ten 11 miles per hour in excess of the limit but not more than twenty 12 miles per hour in excess of the limit. 13 (2) Two hundred dollars for speed greater than twenty miles 14 per hour in excess of the limit but not more than twenty-five 15 miles per hour in excess of the limit. 16 (3) Five hundred dollars for speed greater than twenty-five 17 miles per hour in excess of the limit but not more than thirty 18 miles per hour in excess of the limit. 19 (4) One thousand dollars for speed greater than thirty miles 20 per hour in excess of the limit. 21 3. A system not in compliance with this chapter shall not 22 be used to detect violations. A citation issued while the 23 system is not in compliance with this chapter is void and 24 unenforceable. 25 4. A violation detected by an automated or remote system 26 for traffic law enforcement is a civil infraction. Such 27 a violation shall not be considered by the department of 28 transportation for purposes of driver’s license sanctions, 29 and shall not be considered by an insurer for purposes of a 30 person’s automobile insurance rates. The fine associated with 31 a citation issued by a local authority as the result of the use 32 of a system must be a civil penalty. 33 Sec. 7. NEW SECTION . 321P.7 Liability for violations 34 detected. 35 -6- SF 2408.4140 (3) 90 amending this SF 2408 to CONFORM to HF 2681 th/ns 6/ 9

1. A citation for a violation detected by an automated or 1 remote system for traffic law enforcement shall be issued to 2 the owner of the identified motor vehicle. 3 2. a. Notwithstanding subsection 1, a local authority shall 4 provide the owner of a motor vehicle who receives a citation 5 for a violation detected by a system with an opportunity 6 to submit evidence that the owner was not operating the 7 motor vehicle at the time of the violation. As part of the 8 proceeding, the owner shall provide the name and address of the 9 person who was operating the motor vehicle at the time of the 10 violation. 11 b. Notwithstanding subsection 1, a citation issued to the 12 owner of a motor vehicle may be amended and issued to the 13 person identified under paragraph “a” who was operating the 14 motor vehicle. 15 3. For purposes of this section, “owner” means a person 16 who holds the legal title to a motor vehicle. However, if the 17 motor vehicle is the subject of a security agreement with a 18 right of possession in the debtor, the debtor is deemed the 19 owner for purposes of this section, or if the motor vehicle is 20 leased as defined in section 321.493, the lessee is deemed the 21 owner for purposes of this section. 22 Sec. 8. NEW SECTION . 321P.8 Restrictions on use of revenue. 23 A local authority shall not use any revenue received as 24 a result of the use of a system and retained by the local 25 authority, not including the cost to install, operate, and 26 maintain the system, other than for any of the following 27 purposes: 28 1. To fund transportation infrastructure improvement 29 projects. 30 2. To offset costs incurred relating to the operation of a 31 police department or fire department. 32 Sec. 9. NEW SECTION . 321P.9 Installation and maintenance. 33 1. A local authority shall install a system in a manner that 34 minimizes the effect of camera flash on drivers, if a camera 35 -7- SF 2408.4140 (3) 90 amending this SF 2408 to CONFORM to HF 2681 th/ns 7/ 9

flash is used. 1 2. An automated or remote system for traffic law enforcement 2 must only record a photograph or video of the rear of a vehicle 3 and the vehicle’s registration plate while the vehicle is used 4 to commit an alleged traffic violation. A local authority 5 shall not install a system such that the system’s camera is 6 placed to capture the front of a motor vehicle or the face of 7 any person in the vehicle being recorded. In accordance with 8 section 321P.6, subsection 3, a citation issued by a system 9 that captures the front of a motor vehicle or the face of any 10 person in the vehicle is void and unenforceable. 11 3. A system must verify its internal calibrations daily, and 12 a person trained in the calibration of the system shall conduct 13 a monthly calibration. 14 4. A local authority operating a system shall maintain 15 a monthly log detailing whether a person trained in the 16 calibration of the system successfully performed the monthly 17 calibrations and whether the system successfully performed the 18 daily internal calibrations. 19 5. The log and documentation of the calibrations required 20 under this section are admissible in any court proceeding 21 relating to a violation detected by the system. 22 6. If a daily or monthly calibration is not successfully 23 performed, the system shall not operate until a successful 24 calibration is subsequently performed. 25 DIVISION II 26 EXISTING SYSTEMS 27 Sec. 10. EXISTING SYSTEMS. 28 1. A local authority using an automated or remote system for 29 traffic law enforcement prior to January 1, 2024, may submit 30 to the department of transportation by July 1, 2024, a list 31 of system locations and justifications for placement and use 32 of the systems at the locations in conformance with section 33 321P.2, as enacted by this Act, to the extent practicable, 34 as determined by the department. The department shall, by 35 -8- SF 2408.4140 (3) 90 amending this SF 2408 to CONFORM to HF 2681 th/ns 8/ 9

October 1, 2024, issue a permit as provided in section 321P.2, 1 as enacted by this Act, to a local authority that provided 2 valid submissions in accordance with this subsection. A local 3 authority using a system prior to January 1, 2024, may continue 4 to use the system in the same manner and at the same locations 5 as the system was used on or before January 1, 2024, during 6 the period of time between the local authority’s submission to 7 the department and the date the department issues the permit 8 to the local authority, unless the system is a mobile system 9 prohibited under section 321P.3, as enacted by this Act. If, 10 on October 1, 2024, a local authority has not been issued a 11 permit by the department as a result of a submission that was 12 not timely filed, or due to a timely filed submission that did 13 not otherwise comply with this subsection, the local authority 14 shall cease using all systems until the local authority obtains 15 a permit from the department pursuant to section 321P.2, as 16 enacted by this Act. 17 2. A local authority using an automated or remote system 18 for traffic law enforcement at a location for the first time 19 on or after January 1, 2024, shall not be issued a permit by 20 the department of transportation pursuant to section 321P.2, as 21 enacted by this Act, before July 1, 2026. 22 Sec. 11. EFFECTIVE DATE. This division of this Act, being 23 deemed of immediate importance, takes effect upon enactment. > 24 2. Title page, lines 3 and 4, by striking < providing for the 25 use of associated revenue for length of service award programs, 26 making appropriations, > 27 ______________________________ MIKE KLIMESH -9- SF 2408.4140 (3) 90 amending this SF 2408 to CONFORM to HF 2681 th/ns 9/ 9 #2.