SF 2200 (LSB 5856XS (4) 84)

SENATE FILE 2200

BY  SORENSON

A BILL FOR

An Act prohibiting the use of automated traffic law enforcement systems by local authorities and providing a monetary penalty for noncompliance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.5A  Automated traffic law enforcement systems prohibited.
   1.  A local authority shall not place or cause to be placed on or adjacent to a street or highway, or maintain or employ the use of, an automated traffic law enforcement system for the enforcement of any provision of this chapter or any local ordinance relating to vehicular traffic or to prove a violation of any such provision or ordinance.
   2.  Subsection 1 does not apply upon the governor’s declaration that a state of emergency exists and for as long as the state of emergency remains in effect, provided that a citation or notice of a civil fine issued for a violation of a traffic control signal or device or for a speeding violation shall be served by a peace officer within one hour of the occurrence of the violation.
   3.  For purposes of this section, “automated traffic law enforcement system” means a device that is not operated in the presence of a peace officer and which has one or more sensors working in conjunction with a traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of traffic or speed laws.
    Sec. 2.  TERMINATION OF AUTOMATED TRAFFIC LAW ENFORCEMENT PROGRAMS —— REMOVAL OF SYSTEMS —— VALIDITY OF PRIOR NOTICES AND CITATIONS.
   1.  A local authority using an automated traffic law enforcement system shall discontinue using the system on or before the effective date of this Act. A local authority shall remove all automated traffic law enforcement system equipment from the highways on or before July 1, 2012.
   2.  As of the effective date of this Act, all local ordinances authorizing the use of an automated traffic law enforcement system are void, and all citations or notices of civil fines issued pursuant to such an ordinance prior to the effective date of this Act are invalidated.
   3.  A local authority, not later than ninety days after the effective date of this Act, shall calculate the total amount collected from civil penalties for traffic violations detected by automated traffic law enforcement systems used prior to the effective date of this Act, subtract any amount paid or owing to a third party to satisfy contractual obligations relating to the use of automated traffic law enforcement systems, and refund the remaining amount on a prorated basis to each person who paid a civil penalty under the local authority’s automated traffic law enforcement program.
   4.  If a local authority is found to be operating an automated traffic law enforcement system on or after the effective date of this Act, the treasurer of state shall withhold funds to be allocated to the city from the road use tax fund pursuant to chapter 312 in the amount equal to ten times the amount of the civil penalties collected on or after the effective date of this Act for violations detected by the automated traffic law enforcement system. The moneys withheld by the treasurer of state pursuant to this subsection shall revert to the street construction fund of the cities.
    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill prohibits the use of automated traffic law enforcement systems in Iowa, except during a state of emergency declared by the governor and subject to issuance of citations by a peace officer within a specified time. 
   Automated traffic law enforcement systems, commonly known as “red light cameras” or “speed cameras”, are devices that are not operated in the presence of a peace officer and which have one or more sensors which work in conjunction with a traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of traffic or speed laws.
   The bill requires that a local authority currently using an automated traffic law enforcement system shall discontinue using the system on or before the effective date of the bill. All automated traffic law enforcement system equipment must be removed from the highways by July 1, 2012.
   A local authority’s ordinance authorizing the use of automated traffic law enforcement systems is void on the effective date of the bill, and all notices of fines or citations issued under the ordinance are invalidated. The bill requires a local authority to issue refunds within 90 days of the effective date of the bill to every person who paid a civil penalty under an automated traffic law enforcement program. The refunds shall be prorated, based on the total amount that accrued to the city from the use of automated traffic law enforcement systems after satisfying contractual obligations relating to the use of the systems.
   A local authority that uses an automated traffic law enforcement system on or after the effective date of the bill is subject to the withholding of the city’s allocation from the road use tax fund in the amount equal to 10 times the amount of civil penalties collected in violation of the bill.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.
   The bill is effective upon enactment.