HOUSE FILE 70

BY  HUNTER

A BILL FOR

An Act concerning the use of traffic-control signal monitoring devices by local authorities, containing penalty provisions, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  84A.  “Traffic-control signal monitoring device” means a device with one or more motor vehicle sensors working in conjunction with an official traffic control signal to produce recorded images of motor vehicles being operated in disregard or disobedience to a circular red or red arrow signal.
   Sec. 2.  NEW SECTION.  321.240  Use of traffic-control signal monitoring devices.
   1.  A local authority shall not use a traffic-control signal monitoring device unless all of the following conditions are met:
   a.  The chief law enforcement officer employed by the local authority requests, and the governing body of the local authority adopts a resolution approving, the use of such devices.
   b.  The local authority conducts a public hearing on the proposed use of traffic-control signal monitoring devices prior to entering into a contract for the use or purchase of such devices.
   c.  The local authority obtains a permit from the department pursuant to this section for the use of such devices.
   2.
  a.  The department shall adopt rules prescribing the manner and procedure by which applications shall be made for traffic-control signal monitoring device permits and the information to be submitted by an applicant consistent with the provisions of this section.
   b.  The department may deny an application or suspend or revoke a permit for failure of a local authority to provide requested information or documentation or for any other violation of this section or rules adopted pursuant to this section.
   c.  An application for a permit to operate one or more traffic-control signal monitoring devices shall name each intersection at which a device is to be used and provide demonstrable evidence that there is a genuine safety need for the use of such a device at each designated intersection. The documented safety need shall be approved by the department in accordance with nationally recognized safety standards. For each designated intersection named in the application, the local authority shall conduct a traffic engineering study to determine whether, in addition to or as an alternative to the traffic-control signal monitoring device, there are other possible design or operational changes that would be likely to reduce the number of accidents or red light violations at the intersection. A report of the engineering study shall be submitted with the application for a permit and for any request to amend the permit to include an additional intersection.
   d.  When determining whether to issue a permit for the use of a traffic-control signal monitoring device at an intersection, the department shall only consider the safety value of using such a device. The generation of revenue through the use of a traffic-control signal monitoring device shall not be a factor in the department’s decision to issue a permit.
   e.  Within three months of receiving a properly completed application from a local authority, the department shall either issue a permit for the use of the requested traffic-control signal monitoring device or notify the local authority of the reason for denial of the application. An application for amendment to an existing permit or an application for reinstatement of a permit following suspension or revocation of a permit shall also be processed within three months of receipt of the application. 
   f.  A permit issued by the department shall authorize the use of a traffic-control signal monitoring device only at intersections designated in the permit. A local authority may apply to the department at any time to amend an existing permit by adding a new intersection to the list of authorized intersections for the use of a traffic-control signal monitoring device. The application shall be considered by the department in the same manner as an original permit application.
   g.  A permit for the use of a traffic-control signal monitoring device shall be reviewed by the department within three years of the date of issuance, and every three years thereafter, unless the permit is suspended or revoked by the department.
   h.  The department may establish reasonable fees to reimburse the department for the costs of issuing, amending, and reviewing permits for the use of traffic-control signal monitoring devices.
   3.  Compensation paid by a local authority to the manufacturer or vendor of a traffic-control signal monitoring device shall be based on the value of the equipment and shall not be based on the number of citations issued or the revenue generated by the device. A local authority that uses a traffic-control signal monitoring device shall not use revenues collected through the use of such device to compensate the manufacturer or vendor of the device.
   4.  A law enforcement agency shall not issue a citation for a violation based on evidence produced by a traffic-control signal monitoring device unless the law enforcement agency employs at least one full-time certified peace officer.
   5.  A traffic-control signal monitoring device shall not be used to produce a photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle.
   6.  The department may inspect, at any time, a traffic-control signal monitoring device and any records pertaining to revenues collected from the use of such devices by a local authority. A local authority shall cooperate with the department in the inspection of traffic-control signal monitoring devices and matters related to enforcement of the provisions of this section.
   7.
  a.  A local authority using traffic-control signal monitoring devices shall submit to the department no later than February 1 of each year a report on the use of the devices during the preceding calendar year. The report shall include all of the following:
   (1)  A description of the locations where traffic-control signal monitoring devices were used.
   (2)  The number of violations recorded at each location and in the aggregate on a monthly basis.
   (3)  The total number of citations issued based on evidence produced by the traffic-control signal monitoring devices.
   (4)  The number of civil monetary penalties imposed and the total amount of such penalties paid after citation without contest.
   (5)  The number of violations adjudicated and the results of such adjudications, including a breakdown of the dispositions.
   (6)  The total amount of civil monetary penalties collected from citations issued based on evidence produced by traffic-control signal monitoring devices.
   (7)  The quality of the adjudication process and its results.
   b.  A local authority that fails to provide the report required under this subsection shall forward all revenues generated from the operation of traffic-control signal monitoring devices during the previous calendar year and in the current year to the treasurer of state for deposit in the general fund of the state. The local authority shall not retain any revenue from the operation of traffic-control signal monitoring devices until the annual report is filed and accepted by the department.
   c.  Annually, by March 1, the department shall forward copies of reports submitted under this subsection to the legislative services agency along with a list of all locations in the state where traffic-control signal monitoring devices are in use.
   8.
  a.  Complaints concerning the use of traffic-control signal monitoring devices may be made to the department. The department may conduct an investigation in response to a complaint. If the department finds as a result of the investigation that a local authority is violating a provision of this section or section 321.255 or 321.257 relating to the use of a traffic-control signal monitoring device, the department may take any action it deems necessary to prevent any further violation including denial of an application for a permit or suspension or revocation of a permit.
   b.  There shall be a rebuttable presumption that a local authority is using a traffic-control signal monitoring device for purposes other than the promotion of public safety if such a device is used by the local authority without a permit issued by the department or in violation of any provision of this section or section 321.255 or 321.257 or rules adopted pursuant to this section or section 321.255 or 321.257.
   c.  If the department determines that a local authority is operating a traffic-control signal monitoring device in a manner that violates this section or section 321.255 or 321.257, the department may order the local authority to forward to the treasurer of state for deposit in the general fund of the state the revenues generated by the device during the time the violation occurred. The order shall continue in effect until the violation is corrected, as determined by the department. If a local authority fails to forward funds pursuant to an order of the department, the local authority shall be liable for interest owing on the funds and for any costs, including reasonable attorney fees, incurred by the state in the enforcement of the order. An action to enforce an order under this paragraph shall be instituted by the attorney general in the district court of Polk county.
   9.
  a.  Upon the issuance of an order denying an application for or suspending or revoking a permit under this section, the local authority shall be afforded a hearing before the department to be held within thirty days of the effective date of the order. The department shall have thirty days following the hearing in which to issue a written decision to continue to deny, suspend, or revoke the permit, or to grant or reinstate the permit.
   b.  A local authority whose application for a permit is denied or whose permit is revoked shall not be eligible for a permit to operate a traffic-control signal monitoring device for three years following the denial or revocation.
   10.  The department may adopt rules it deems necessary for the administration of this section.
   Sec. 3.  Section 321.255, Code 2011, is amended to read as follows:
   321.255  Local traffic-control devices.
   1.  Local authorities in their respective jurisdiction shall place and maintain such traffic-control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this chapter or local traffic ordinances or to regulate, warn, or guide traffic. All such traffic-control deviceshereafter erected shall conform to the state manual and specifications.
   2.  A local authority using traffic-control signal monitoring devices shall erect a sign providing notice of the use of such devices at that point on every highway which intersects the jurisdictional limits of the local authority. A sign shall also be erected by the local authority on each road on the approach to the next official traffic-control signal on that road where a traffic-control signal monitoring device is in use, and at any other location as required by the department.
   Sec. 4.  Section 321.257, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.
  a.  The timing of an official traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to standards established by the department by rule. The duration of the yellow or red light of an official traffic-control signal shall not be decreased prior to the installation of a traffic-control signal monitoring device or during the time in which the device is used. The department shall establish minimum change intervals for yellow lights on official traffic-control signals at intersections where a traffic-control signal monitoring device is used. The minimum change interval shall be established in accordance with nationally recognized engineering standards, and the established time shall exceed the recognized national standard by at least one additional second.
   b.  A local authority using a traffic-control signal monitoring device shall test the device for accuracy at regular intervals and record and maintain the results of each test. The test results shall be open for public inspection during reasonable business hours. Each test shall be performed according to the manufacturer’s recommended procedure. A device that does not meet the manufacturer’s minimum accuracy requirements shall be removed from service by the local authority, and the device shall not be used again by the local authority until the device has been serviced and calibrated by a qualified technician. A law enforcement agency shall immediately discontinue issuing citations based on evidence produced by a traffic-control signal monitoring device that has been removed from service pursuant to this paragraph.
   Sec. 5.  STATUS OF EXISTING TRAFFIC-CONTROL SIGNAL MONITORING DEVICES.  A local authority that is using a traffic-control signal monitoring device on the effective date of this Act may continue using the device without a permit through December 31, 2012. A local authority shall discontinue using an existing device on or before January 1, 2013, unless the local authority obtains a permit pursuant to the provisions of this Act on or before that date.
   Sec. 6.  EFFECTIVE DATE.  This Act takes effect January 1, 2012.
EXPLANATION
   This bill requires a local authority to obtain a permit from the department of transportation to use traffic-control signal monitoring devices.
   A traffic-control signal monitoring device is a device that works in conjunction with an official traffic control signal to produce recorded images of motor vehicles being operated in violation of a red traffic signal.
   The bill requires that before a local authority can employ the use of a traffic-control signal monitoring device, the chief law enforcement officer employed by the local authority must request the use of such devices and the governing body of the local authority must adopt a resolution approving their use. There must be a public hearing on the issue before the local authority enters into a contract for the use or purchase of traffic-control signal monitoring devices.
   The department is required to adopt rules relating to requirements for a permit and the permit application process. The bill requires that an application for a permit must name each intersection at which a traffic-control signal monitoring device will be used and show that there is a need for a device at each intersection. A report of an engineering study must be submitted along with the application for a permit and any subsequent application to amend the permit.
   The bill specifies that the department’s decision to issue a permit shall be based solely on safety concerns, and must not take into account any revenue to be derived by a local authority from the use of a traffic-control signal monitoring device. The department has three months in which to consider an application and either issue a permit or notify the local authority of the reason for denying the application. Once granted, a permit is to undergo a departmental review every three years. The department is authorized to establish reasonable fees to cover its costs relating to the issuance and review of permits.
   The bill prohibits a local authority from compensating a manufacturer or vendor of traffic-control signal monitoring devices from funds from revenues collected through the use of a device. Compensation is to be based on the value of the equipment and not the number of citations issued or the revenue generated by a device.
   The bill prohibits a law enforcement agency from issuing citations based on evidence obtained from a traffic-control signal monitoring device unless the agency employs at least one full-time certified peace officer.
   The bill specifies that a traffic-control signal monitoring device shall not be used to produce an image showing any person in a motor vehicle.
   A local authority is required to submit an annual report to the department by February 1 containing information on citations issued, the adjudication of violations, and penalties collected from the use of traffic-control signal monitoring devices. Failure to submit a report results in the forfeiture of revenues generated by the local authority’s traffic-control signal monitoring devices during the preceding calendar year and the current year.
   The bill provides a mechanism for complaints regarding traffic-control signal monitoring devices to be handled by the department. If a local authority is found to be violating the law regulating traffic-control signal monitoring devices, the local authority may be ordered by the department to forfeit revenues to the state that were generated during the time the violation was occurring. The attorney general is directed to enforce such an order in the district court of Polk county.
   If the department denies an application for a permit or suspends or revokes an existing permit, the local authority is entitled to a hearing to be held within 30 days, and the department has 30 days following the hearing in which to render a written decision. A local authority whose permit is denied or revoked is not eligible to apply for a permit for three years.
   The bill requires a local authority using traffic-control signal monitoring devices to post signs along all roads intersecting its jurisdictional limits and on the approach to each traffic-control signal monitoring device in use.
   The bill contains requirements for the timing of official traffic-control signals that are monitored by a traffic-control signal monitoring device, and the bill establishes requirements for the testing and calibration of the devices.
   The bill takes effect January 1, 2012. A local authority that is currently using a traffic-control signal monitoring device has one year in which to obtain a permit for the device.