Senate
File
129
-
Introduced
SENATE
FILE
129
BY
ZAUN
,
KETTERING
,
McKINLEY
,
ANDERSON
,
BERTRAND
,
GREINER
,
CHELGREN
,
JOHNSON
,
SORENSON
,
BARTZ
,
SEYMOUR
,
and
WHITVER
A
BILL
FOR
An
Act
prohibiting
the
use
of
automated
traffic
enforcement
1
systems
and
requiring
the
removal
of
existing
systems,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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129
Section
1.
Section
321.1,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
95.
“Automated
traffic
enforcement
system”
3
means
a
device
with
one
or
more
sensors
working
in
conjunction
4
with
one
of
the
following:
5
a.
An
official
traffic-control
signal,
to
produce
recorded
6
images
of
motor
vehicles
entering
an
intersection
against
a
7
steady
circular
red
light.
8
b.
A
speed
measuring
device,
to
produce
recorded
images
of
9
motor
vehicles
traveling
at
a
prohibited
rate
of
speed.
10
c.
A
railroad
grade
crossing
signal
light,
as
described
in
11
section
321.342,
to
produce
images
of
vehicles
violating
the
12
signal
light.
13
d.
Any
official
traffic-control
device,
if
failure
to
14
comply
with
the
official
traffic-control
device
constitutes
a
15
violation
under
this
chapter.
16
Sec.
2.
NEW
SECTION
.
321.5A
Automated
traffic
enforcement
17
systems
prohibited.
18
The
department
or
a
local
authority
shall
not
place
or
19
cause
to
be
placed
on
or
adjacent
to
a
highway,
or
maintain
or
20
employ
the
use
of,
an
automated
traffic
enforcement
system
for
21
the
enforcement
of
any
provision
of
this
chapter
or
any
local
22
ordinance
relating
to
motor
vehicles.
23
Sec.
3.
REMOVAL
OF
AUTOMATED
TRAFFIC
ENFORCEMENT
SYSTEMS
——
24
VALIDITY
OF
PRIOR
NOTICES
AND
CITATIONS.
On
or
before
July
1,
25
2011,
a
local
authority
using
an
automated
traffic
enforcement
26
system
shall
discontinue
using
the
system
and
remove
the
system
27
equipment.
Effective
July
1,
2011,
all
local
ordinances
28
authorizing
the
use
of
an
automated
traffic
enforcement
system
29
are
void.
However,
notices
of
violations
mailed
or
citations
30
issued
pursuant
to
such
an
ordinance
prior
to
July
1,
2011,
31
shall
not
be
invalidated
by
the
enactment
of
this
Act
and
shall
32
be
processed
according
to
the
provisions
of
the
law
under
which
33
they
were
authorized.
34
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
The
section
of
this
35
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129
Act
relating
to
the
removal
of
automated
traffic
enforcement
1
systems
and
the
validity
of
prior
notices
and
citations,
being
2
deemed
of
immediate
importance,
takes
effect
upon
enactment.
3
EXPLANATION
4
This
bill
imposes
a
statewide
prohibition
on
the
use
of
5
automated
traffic
enforcement
systems
and
provides
for
the
6
termination
of
existing
automated
traffic
enforcement
programs.
7
The
bill
defines
“automated
traffic
enforcement
system”
8
as
a
device
with
one
or
more
sensors
working
in
conjunction
9
with
an
official
traffic-control
signal,
a
speed
measuring
10
device,
a
railroad
grade
crossing
signal
light,
or
any
other
11
official
traffic-control
device
if
failure
to
comply
with
the
12
traffic-control
device
would
constitute
a
moving
violation.
An
13
automated
traffic
enforcement
system
records
images
of
vehicles
14
violating
an
associated
traffic
control
signal
or
device
or
15
violating
a
speed
limit.
The
definition
includes
within
its
16
scope
devices
known
as
“red
light
cameras”
and
“speed
cameras”.
17
The
bill
prohibits
the
department
of
transportation
and
18
local
authorities
from
placing
an
automated
traffic
enforcement
19
system
on
or
adjacent
to
a
highway
or
maintaining
or
employing
20
the
use
of
such
a
system
for
the
enforcement
of
state
or
local
21
motor
vehicle
laws,
effective
July
1,
2011.
22
Local
authorities
that
are
currently
using
automated
traffic
23
enforcement
systems
must
discontinue
their
use
and
remove
24
related
equipment
on
or
before
July
1,
2011.
On
that
date,
25
all
local
ordinances
authorizing
the
use
of
automated
traffic
26
enforcement
systems
are
void.
However,
notices
of
violations
27
that
were
mailed
or
citations
which
were
issued
prior
to
28
July
1,
2011,
are
not
invalidated
by
the
bill
and
remain
29
enforceable.
These
provisions
of
the
bill
take
effect
upon
30
enactment.
31
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