Senate File 2043 - Introduced SENATE FILE 2043 BY CHELGREN A BILL FOR An Act prohibiting the use of automated traffic law enforcement 1 systems, providing for temporary continuation of existing 2 automated traffic law enforcement programs, providing for 3 the disposition of fines, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5145XS (2) 84 dea/nh

S.F. 2043 Section 1. NEW SECTION . 321.5A Automated traffic law 1 enforcement systems. 2 1. The department or a local authority shall not place 3 or cause to be placed on or adjacent to a street or highway, 4 or maintain or employ the use of, an automated traffic law 5 enforcement system for the enforcement of any provision of this 6 chapter or any local ordinance relating to vehicular traffic or 7 to prove a violation of any such provision or ordinance. 8 2. Notwithstanding subsection 1, a local authority that has 9 established an automated traffic law enforcement program prior 10 to the effective date of this Act shall terminate the program 11 at the earliest date possible as follows: 12 a. If the local authority has entered into a contract 13 for equipment or services relating to automated traffic 14 law enforcement systems prior to the effective date of 15 this Act, the city may continue to use an automated traffic 16 law enforcement system or systems to the extent necessary 17 to hold the city harmless under the terms of the existing 18 contract. A city that continues using an automated traffic law 19 enforcement system on or after the effective date of this Act, 20 as authorized under this paragraph, shall not extend or renew 21 a contract, or enter any new contract, for automated traffic 22 law enforcement system equipment or services on or after the 23 effective date of this Act. 24 b. Upon the expiration of all prior contracts for the use of 25 automated traffic law enforcement systems, a local authority’s 26 ordinance authorizing the use of automated traffic law 27 enforcement systems is void. However, notices of violations 28 mailed or citations issued pursuant to such an ordinance prior 29 to the date the ordinance becomes void shall not be invalidated 30 under this section and shall be processed according to the 31 provisions of the law under which they were authorized. 32 3. For purposes of this section, “automated traffic law 33 enforcement system” means a device with one or more sensors 34 working in conjunction with a traffic control signal or device 35 -1- LSB 5145XS (2) 84 dea/nh 1/ 3

S.F. 2043 or a speed-measuring device to produce recorded images of 1 vehicles being operated in violation of traffic or speed laws. 2 Sec. 2. Section 364.3, subsection 2, Code Supplement 2011, 3 is amended to read as follows: 4 2. For a violation of an ordinance , a city shall not 5 provide a penalty in excess of the maximum fine and term of 6 imprisonment for a simple misdemeanor under section 903.1, 7 subsection 1 , paragraph “a” . An Except as otherwise provided 8 in this section, an amount equal to ten percent of all 9 fines collected by cities shall be deposited in the account 10 established in section 602.8108 . However, one 11 a. One hundred percent of all fines collected by a city 12 pursuant to section 321.236, subsection 1 , shall be retained 13 by the city. 14 b. Civil fines collected by a city from the use of an 15 automated traffic law enforcement system shall be allocated as 16 follows: 17 (1) The amount necessary to satisfy contractual obligations 18 of the city relating to the use of automated traffic law 19 enforcement systems shall be retained by the city for that 20 purpose. 21 (2) Moneys in excess of the amount necessary for the purpose 22 specified in subparagraph (1) shall be deposited in the account 23 established in section 602.8108. 24 c. The criminal penalty surcharge required by section 911.1 25 shall be added to a city fine and is not a part of the city’s 26 penalty. 27 Sec. 3. Section 602.8108, Code Supplement 2011, is amended 28 by adding the following new subsection: 29 NEW SUBSECTION . 11. The clerk of the district court shall 30 forward to the treasurer of state, not later than the fifteenth 31 day of each month, all moneys received from cities pursuant to 32 section 364.3, subsection 2, paragraph “b” , for deposit in the 33 road use tax fund. 34 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 35 -2- LSB 5145XS (2) 84 dea/nh 2/ 3

S.F. 2043 immediate importance, takes effect upon enactment. 1 EXPLANATION 2 This bill prohibits the use of automated traffic law 3 enforcement systems, except for the continuation of a city’s 4 existing automated traffic law enforcement program for a 5 limited period. 6 Automated traffic law enforcement systems, commonly known 7 as “red light cameras” or “speed cameras”, are devices with 8 one or more sensors which work in conjunction with a traffic 9 control signal or device or a speed-measuring device to produce 10 recorded images of vehicles being operated in violation of 11 traffic or speed laws. 12 Under the bill, the use of automated traffic law enforcement 13 systems is prohibited as of the effective date of the bill. 14 However, a local authority that currently uses automated 15 traffic law enforcement systems may continue the use of one 16 or more of those systems to the extent necessary to hold the 17 city harmless under the terms of any existing contracts for 18 equipment or services. A city may not extend or renew an 19 existing contract or enter into any new contract after the 20 effective date of the bill. 21 A local authority’s ordinance authorizing the use of 22 automated traffic law enforcement systems shall become void 23 upon the expiration of all related contracts, but notices of 24 violations mailed or citations issued under that ordinance 25 shall not be invalidated and shall be processed according to 26 the prior law. 27 The bill directs that, from the civil fines collected by a 28 city from the use of automated traffic law enforcement systems, 29 the amount necessary to satisfy contractual obligations 30 relating to the use of the systems shall be retained by the 31 city. Moneys in excess of that amount are to be deposited in 32 the road use tax fund. 33 The bill is effective upon enactment. 34 -3- LSB 5145XS (2) 84 dea/nh 3/ 3