H.F. 70 Section 1. Section 321.1, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 84A. “Traffic-control signal monitoring 3 device” means a device with one or more motor vehicle sensors 4 working in conjunction with an official traffic control signal 5 to produce recorded images of motor vehicles being operated 6 in disregard or disobedience to a circular red or red arrow 7 signal. 8 Sec. 2. NEW SECTION . 321.240 Use of traffic-control signal 9 monitoring devices. 10 1. A local authority shall not use a traffic-control signal 11 monitoring device unless all of the following conditions are 12 met: 13 a. The chief law enforcement officer employed by the 14 local authority requests, and the governing body of the local 15 authority adopts a resolution approving, the use of such 16 devices. 17 b. The local authority conducts a public hearing on the 18 proposed use of traffic-control signal monitoring devices prior 19 to entering into a contract for the use or purchase of such 20 devices. 21 c. The local authority obtains a permit from the department 22 pursuant to this section for the use of such devices. 23 2. a. The department shall adopt rules prescribing the 24 manner and procedure by which applications shall be made for 25 traffic-control signal monitoring device permits and the 26 information to be submitted by an applicant consistent with the 27 provisions of this section. 28 b. The department may deny an application or suspend or 29 revoke a permit for failure of a local authority to provide 30 requested information or documentation or for any other 31 violation of this section or rules adopted pursuant to this 32 section. 33 c. An application for a permit to operate one or more 34 traffic-control signal monitoring devices shall name each 35 -1- LSB 1769YH (1) 84 dea/nh 1/ 10

H.F. 70 intersection at which a device is to be used and provide 1 demonstrable evidence that there is a genuine safety need for 2 the use of such a device at each designated intersection. The 3 documented safety need shall be approved by the department in 4 accordance with nationally recognized safety standards. For 5 each designated intersection named in the application, the 6 local authority shall conduct a traffic engineering study to 7 determine whether, in addition to or as an alternative to the 8 traffic-control signal monitoring device, there are other 9 possible design or operational changes that would be likely 10 to reduce the number of accidents or red light violations at 11 the intersection. A report of the engineering study shall be 12 submitted with the application for a permit and for any request 13 to amend the permit to include an additional intersection. 14 d. When determining whether to issue a permit for the use of 15 a traffic-control signal monitoring device at an intersection, 16 the department shall only consider the safety value of using 17 such a device. The generation of revenue through the use of a 18 traffic-control signal monitoring device shall not be a factor 19 in the department’s decision to issue a permit. 20 e. Within three months of receiving a properly completed 21 application from a local authority, the department shall either 22 issue a permit for the use of the requested traffic-control 23 signal monitoring device or notify the local authority of 24 the reason for denial of the application. An application 25 for amendment to an existing permit or an application for 26 reinstatement of a permit following suspension or revocation of 27 a permit shall also be processed within three months of receipt 28 of the application. 29 f. A permit issued by the department shall authorize 30 the use of a traffic-control signal monitoring device 31 only at intersections designated in the permit. A local 32 authority may apply to the department at any time to amend 33 an existing permit by adding a new intersection to the list 34 of authorized intersections for the use of a traffic-control 35 -2- LSB 1769YH (1) 84 dea/nh 2/ 10

H.F. 70 signal monitoring device. The application shall be considered 1 by the department in the same manner as an original permit 2 application. 3 g. A permit for the use of a traffic-control signal 4 monitoring device shall be reviewed by the department within 5 three years of the date of issuance, and every three years 6 thereafter, unless the permit is suspended or revoked by the 7 department. 8 h. The department may establish reasonable fees to 9 reimburse the department for the costs of issuing, amending, 10 and reviewing permits for the use of traffic-control signal 11 monitoring devices. 12 3. Compensation paid by a local authority to the 13 manufacturer or vendor of a traffic-control signal monitoring 14 device shall be based on the value of the equipment and shall 15 not be based on the number of citations issued or the revenue 16 generated by the device. A local authority that uses a 17 traffic-control signal monitoring device shall not use revenues 18 collected through the use of such device to compensate the 19 manufacturer or vendor of the device. 20 4. A law enforcement agency shall not issue a citation for 21 a violation based on evidence produced by a traffic-control 22 signal monitoring device unless the law enforcement agency 23 employs at least one full-time certified peace officer. 24 5. A traffic-control signal monitoring device shall not 25 be used to produce a photograph, microphotograph, electronic 26 image, or videotape showing the identity of any person in a 27 motor vehicle. 28 6. The department may inspect, at any time, a 29 traffic-control signal monitoring device and any records 30 pertaining to revenues collected from the use of such devices 31 by a local authority. A local authority shall cooperate with 32 the department in the inspection of traffic-control signal 33 monitoring devices and matters related to enforcement of the 34 provisions of this section. 35 -3- LSB 1769YH (1) 84 dea/nh 3/ 10

H.F. 70 7. a. A local authority using traffic-control signal 1 monitoring devices shall submit to the department no later than 2 February 1 of each year a report on the use of the devices 3 during the preceding calendar year. The report shall include 4 all of the following: 5 (1) A description of the locations where traffic-control 6 signal monitoring devices were used. 7 (2) The number of violations recorded at each location and 8 in the aggregate on a monthly basis. 9 (3) The total number of citations issued based on evidence 10 produced by the traffic-control signal monitoring devices. 11 (4) The number of civil monetary penalties imposed and the 12 total amount of such penalties paid after citation without 13 contest. 14 (5) The number of violations adjudicated and the results of 15 such adjudications, including a breakdown of the dispositions. 16 (6) The total amount of civil monetary penalties 17 collected from citations issued based on evidence produced by 18 traffic-control signal monitoring devices. 19 (7) The quality of the adjudication process and its results. 20 b. A local authority that fails to provide the report 21 required under this subsection shall forward all revenues 22 generated from the operation of traffic-control signal 23 monitoring devices during the previous calendar year and in 24 the current year to the treasurer of state for deposit in 25 the general fund of the state. The local authority shall 26 not retain any revenue from the operation of traffic-control 27 signal monitoring devices until the annual report is filed and 28 accepted by the department. 29 c. Annually, by March 1, the department shall forward copies 30 of reports submitted under this subsection to the legislative 31 services agency along with a list of all locations in the state 32 where traffic-control signal monitoring devices are in use. 33 8. a. Complaints concerning the use of traffic-control 34 signal monitoring devices may be made to the department. 35 -4- LSB 1769YH (1) 84 dea/nh 4/ 10

H.F. 70 The department may conduct an investigation in response to 1 a complaint. If the department finds as a result of the 2 investigation that a local authority is violating a provision 3 of this section or section 321.255 or 321.257 relating to 4 the use of a traffic-control signal monitoring device, the 5 department may take any action it deems necessary to prevent 6 any further violation including denial of an application for a 7 permit or suspension or revocation of a permit. 8 b. There shall be a rebuttable presumption that a local 9 authority is using a traffic-control signal monitoring device 10 for purposes other than the promotion of public safety if such 11 a device is used by the local authority without a permit issued 12 by the department or in violation of any provision of this 13 section or section 321.255 or 321.257 or rules adopted pursuant 14 to this section or section 321.255 or 321.257. 15 c. If the department determines that a local authority 16 is operating a traffic-control signal monitoring device in 17 a manner that violates this section or section 321.255 or 18 321.257, the department may order the local authority to 19 forward to the treasurer of state for deposit in the general 20 fund of the state the revenues generated by the device during 21 the time the violation occurred. The order shall continue 22 in effect until the violation is corrected, as determined by 23 the department. If a local authority fails to forward funds 24 pursuant to an order of the department, the local authority 25 shall be liable for interest owing on the funds and for any 26 costs, including reasonable attorney fees, incurred by the 27 state in the enforcement of the order. An action to enforce an 28 order under this paragraph shall be instituted by the attorney 29 general in the district court of Polk county. 30 9. a. Upon the issuance of an order denying an application 31 for or suspending or revoking a permit under this section, 32 the local authority shall be afforded a hearing before the 33 department to be held within thirty days of the effective date 34 of the order. The department shall have thirty days following 35 -5- LSB 1769YH (1) 84 dea/nh 5/ 10

H.F. 70 the hearing in which to issue a written decision to continue to 1 deny, suspend, or revoke the permit, or to grant or reinstate 2 the permit. 3 b. A local authority whose application for a permit is 4 denied or whose permit is revoked shall not be eligible for a 5 permit to operate a traffic-control signal monitoring device 6 for three years following the denial or revocation. 7 10. The department may adopt rules it deems necessary for 8 the administration of this section. 9 Sec. 3. Section 321.255, Code 2011, is amended to read as 10 follows: 11 321.255 Local traffic-control devices. 12 1. Local authorities in their respective jurisdiction shall 13 place and maintain such traffic-control devices upon highways 14 under their jurisdiction as they may deem necessary to indicate 15 and to carry out the provisions of this chapter or local 16 traffic ordinances or to regulate, warn, or guide traffic. All 17 such traffic-control devices hereafter erected shall conform to 18 the state manual and specifications. 19 2. A local authority using traffic-control signal 20 monitoring devices shall erect a sign providing notice of 21 the use of such devices at that point on every highway which 22 intersects the jurisdictional limits of the local authority. 23 A sign shall also be erected by the local authority on each 24 road on the approach to the next official traffic-control 25 signal on that road where a traffic-control signal monitoring 26 device is in use, and at any other location as required by the 27 department. 28 Sec. 4. Section 321.257, Code 2011, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 3. a. The timing of an official 31 traffic-control signal which is being monitored by a 32 traffic-control signal monitoring device shall conform to 33 standards established by the department by rule. The duration 34 of the yellow or red light of an official traffic-control 35 -6- LSB 1769YH (1) 84 dea/nh 6/ 10

H.F. 70 signal shall not be decreased prior to the installation of 1 a traffic-control signal monitoring device or during the 2 time in which the device is used. The department shall 3 establish minimum change intervals for yellow lights on 4 official traffic-control signals at intersections where 5 a traffic-control signal monitoring device is used. The 6 minimum change interval shall be established in accordance 7 with nationally recognized engineering standards, and the 8 established time shall exceed the recognized national standard 9 by at least one additional second. 10 b. A local authority using a traffic-control signal 11 monitoring device shall test the device for accuracy at regular 12 intervals and record and maintain the results of each test. 13 The test results shall be open for public inspection during 14 reasonable business hours. Each test shall be performed 15 according to the manufacturer’s recommended procedure. A 16 device that does not meet the manufacturer’s minimum accuracy 17 requirements shall be removed from service by the local 18 authority, and the device shall not be used again by the local 19 authority until the device has been serviced and calibrated 20 by a qualified technician. A law enforcement agency shall 21 immediately discontinue issuing citations based on evidence 22 produced by a traffic-control signal monitoring device that has 23 been removed from service pursuant to this paragraph. 24 Sec. 5. STATUS OF EXISTING TRAFFIC-CONTROL SIGNAL 25 MONITORING DEVICES. A local authority that is using a 26 traffic-control signal monitoring device on the effective date 27 of this Act may continue using the device without a permit 28 through December 31, 2012. A local authority shall discontinue 29 using an existing device on or before January 1, 2013, unless 30 the local authority obtains a permit pursuant to the provisions 31 of this Act on or before that date. 32 Sec. 6. EFFECTIVE DATE. This Act takes effect January 1, 33 2012. 34 EXPLANATION 35 -7- LSB 1769YH (1) 84 dea/nh 7/ 10

H.F. 70 This bill requires a local authority to obtain a permit from 1 the department of transportation to use traffic-control signal 2 monitoring devices. 3 A traffic-control signal monitoring device is a device that 4 works in conjunction with an official traffic control signal 5 to produce recorded images of motor vehicles being operated in 6 violation of a red traffic signal. 7 The bill requires that before a local authority can employ 8 the use of a traffic-control signal monitoring device, the 9 chief law enforcement officer employed by the local authority 10 must request the use of such devices and the governing body of 11 the local authority must adopt a resolution approving their 12 use. There must be a public hearing on the issue before the 13 local authority enters into a contract for the use or purchase 14 of traffic-control signal monitoring devices. 15 The department is required to adopt rules relating to 16 requirements for a permit and the permit application process. 17 The bill requires that an application for a permit must name 18 each intersection at which a traffic-control signal monitoring 19 device will be used and show that there is a need for a device 20 at each intersection. A report of an engineering study must 21 be submitted along with the application for a permit and any 22 subsequent application to amend the permit. 23 The bill specifies that the department’s decision to issue 24 a permit shall be based solely on safety concerns, and must 25 not take into account any revenue to be derived by a local 26 authority from the use of a traffic-control signal monitoring 27 device. The department has three months in which to consider 28 an application and either issue a permit or notify the local 29 authority of the reason for denying the application. Once 30 granted, a permit is to undergo a departmental review every 31 three years. The department is authorized to establish 32 reasonable fees to cover its costs relating to the issuance and 33 review of permits. 34 The bill prohibits a local authority from compensating a 35 -8- LSB 1769YH (1) 84 dea/nh 8/ 10

H.F. 70 manufacturer or vendor of traffic-control signal monitoring 1 devices from funds from revenues collected through the use of 2 a device. Compensation is to be based on the value of the 3 equipment and not the number of citations issued or the revenue 4 generated by a device. 5 The bill prohibits a law enforcement agency from issuing 6 citations based on evidence obtained from a traffic-control 7 signal monitoring device unless the agency employs at least one 8 full-time certified peace officer. 9 The bill specifies that a traffic-control signal monitoring 10 device shall not be used to produce an image showing any person 11 in a motor vehicle. 12 A local authority is required to submit an annual report 13 to the department by February 1 containing information on 14 citations issued, the adjudication of violations, and penalties 15 collected from the use of traffic-control signal monitoring 16 devices. Failure to submit a report results in the forfeiture 17 of revenues generated by the local authority’s traffic-control 18 signal monitoring devices during the preceding calendar year 19 and the current year. 20 The bill provides a mechanism for complaints regarding 21 traffic-control signal monitoring devices to be handled by the 22 department. If a local authority is found to be violating the 23 law regulating traffic-control signal monitoring devices, the 24 local authority may be ordered by the department to forfeit 25 revenues to the state that were generated during the time the 26 violation was occurring. The attorney general is directed to 27 enforce such an order in the district court of Polk county. 28 If the department denies an application for a permit or 29 suspends or revokes an existing permit, the local authority 30 is entitled to a hearing to be held within 30 days, and the 31 department has 30 days following the hearing in which to render 32 a written decision. A local authority whose permit is denied 33 or revoked is not eligible to apply for a permit for three 34 years. 35 -9- LSB 1769YH (1) 84 dea/nh 9/ 10

H.F. 70 The bill requires a local authority using traffic-control 1 signal monitoring devices to post signs along all roads 2 intersecting its jurisdictional limits and on the approach to 3 each traffic-control signal monitoring device in use. 4 The bill contains requirements for the timing of official 5 traffic-control signals that are monitored by a traffic-control 6 signal monitoring device, and the bill establishes requirements 7 for the testing and calibration of the devices. 8 The bill takes effect January 1, 2012. A local authority 9 that is currently using a traffic-control signal monitoring 10 device has one year in which to obtain a permit for the device. 11 -10- LSB 1769YH (1) 84 dea/nh 10/ 10