S.F. 2200 Section 1. NEW SECTION . 321.5A Automated traffic law 1 enforcement systems prohibited. 2 1. A local authority shall not place or cause to be placed 3 on or adjacent to a street or highway, or maintain or employ 4 the use of, an automated traffic law enforcement system for 5 the enforcement of any provision of this chapter or any local 6 ordinance relating to vehicular traffic or to prove a violation 7 of any such provision or ordinance. 8 2. Subsection 1 does not apply upon the governor’s 9 declaration that a state of emergency exists and for as long 10 as the state of emergency remains in effect, provided that a 11 citation or notice of a civil fine issued for a violation of a 12 traffic control signal or device or for a speeding violation 13 shall be served by a peace officer within one hour of the 14 occurrence of the violation. 15 3. For purposes of this section, “automated traffic law 16 enforcement system” means a device that is not operated in the 17 presence of a peace officer and which has one or more sensors 18 working in conjunction with a traffic control signal or device 19 or a speed-measuring device to produce recorded images of 20 vehicles being operated in violation of traffic or speed laws. 21 Sec. 2. TERMINATION OF AUTOMATED TRAFFIC LAW ENFORCEMENT 22 PROGRAMS —— REMOVAL OF SYSTEMS —— VALIDITY OF PRIOR NOTICES AND 23 CITATIONS. 24 1. A local authority using an automated traffic law 25 enforcement system shall discontinue using the system on or 26 before the effective date of this Act. A local authority shall 27 remove all automated traffic law enforcement system equipment 28 from the highways on or before July 1, 2012. 29 2. As of the effective date of this Act, all local 30 ordinances authorizing the use of an automated traffic law 31 enforcement system are void, and all citations or notices of 32 civil fines issued pursuant to such an ordinance prior to the 33 effective date of this Act are invalidated. 34 3. A local authority, not later than ninety days after the 35 -1- LSB 5856XS (4) 84 dea/nh 1/ 3

S.F. 2200 effective date of this Act, shall calculate the total amount 1 collected from civil penalties for traffic violations detected 2 by automated traffic law enforcement systems used prior to the 3 effective date of this Act, subtract any amount paid or owing 4 to a third party to satisfy contractual obligations relating 5 to the use of automated traffic law enforcement systems, and 6 refund the remaining amount on a prorated basis to each person 7 who paid a civil penalty under the local authority’s automated 8 traffic law enforcement program. 9 4. If a local authority is found to be operating an 10 automated traffic law enforcement system on or after the 11 effective date of this Act, the treasurer of state shall 12 withhold funds to be allocated to the city from the road use 13 tax fund pursuant to chapter 312 in the amount equal to ten 14 times the amount of the civil penalties collected on or after 15 the effective date of this Act for violations detected by the 16 automated traffic law enforcement system. The moneys withheld 17 by the treasurer of state pursuant to this subsection shall 18 revert to the street construction fund of the cities. 19 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 20 3, shall not apply to this Act. 21 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 22 immediate importance, takes effect upon enactment. 23 EXPLANATION 24 This bill prohibits the use of automated traffic law 25 enforcement systems in Iowa, except during a state of emergency 26 declared by the governor and subject to issuance of citations 27 by a peace officer within a specified time. 28 Automated traffic law enforcement systems, commonly known as 29 “red light cameras” or “speed cameras”, are devices that are 30 not operated in the presence of a peace officer and which have 31 one or more sensors which work in conjunction with a traffic 32 control signal or device or a speed-measuring device to produce 33 recorded images of vehicles being operated in violation of 34 traffic or speed laws. 35 -2- LSB 5856XS (4) 84 dea/nh 2/ 3

S.F. 2200 The bill requires that a local authority currently using 1 an automated traffic law enforcement system shall discontinue 2 using the system on or before the effective date of the bill. 3 All automated traffic law enforcement system equipment must be 4 removed from the highways by July 1, 2012. 5 A local authority’s ordinance authorizing the use of 6 automated traffic law enforcement systems is void on the 7 effective date of the bill, and all notices of fines or 8 citations issued under the ordinance are invalidated. The bill 9 requires a local authority to issue refunds within 90 days of 10 the effective date of the bill to every person who paid a civil 11 penalty under an automated traffic law enforcement program. 12 The refunds shall be prorated, based on the total amount that 13 accrued to the city from the use of automated traffic law 14 enforcement systems after satisfying contractual obligations 15 relating to the use of the systems. 16 A local authority that uses an automated traffic law 17 enforcement system on or after the effective date of the bill 18 is subject to the withholding of the city’s allocation from the 19 road use tax fund in the amount equal to 10 times the amount of 20 civil penalties collected in violation of the bill. 21 The bill may include a state mandate as defined in Code 22 section 25B.3. The bill makes inapplicable Code section 25B.2, 23 subsection 3, which would relieve a political subdivision from 24 complying with a state mandate if funding for the cost of 25 the state mandate is not provided or specified. Therefore, 26 political subdivisions are required to comply with any state 27 mandate included in the bill. 28 The bill is effective upon enactment. 29 -3- LSB 5856XS (4) 84 dea/nh 3/ 3