H.F. 2016 Section 1. Section 321.1, Code 2014, 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 at least 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 flashing red light, steady circular red light, or a steady red 8 arrow. 9 b. An official traffic-control signal at a railroad grade 10 crossing, as described in section 321.342, to produce recorded 11 images of vehicles violating a flashing red or steady circular 12 red light. 13 c. A speed measuring device, to produce recorded images of 14 motor vehicles travelling at a prohibited rate of speed. 15 Sec. 2. NEW SECTION . 321.5A Automated traffic enforcement 16 systems. 17 The state or a local authority shall not use an automated 18 traffic enforcement system except as provided in this section. 19 1. A local authority may by ordinance authorize the use of 20 automated traffic enforcement systems to detect violations of 21 posted speed limits or official traffic-control signals which 22 constitute municipal or county infractions. 23 2. A local authority shall provide signage, in conformance 24 with the uniform system adopted pursuant to section 321.252, 25 giving notice of the use of an automated traffic enforcement 26 system on the approach to each location where an automated 27 traffic enforcement system is in use as follows: 28 a. A sign shall be posted on each road on the approach to 29 the next traffic-control signal where an automated traffic 30 enforcement system is in use. 31 b. A sign shall be posted on the approach to the next speed 32 limit zone on a road where an automated traffic enforcement 33 system is being used for speed limit enforcement. 34 c. A temporary sign shall be positioned or posted on the 35 -1- LSB 5545YH (2) 85 dea/nh 1/ 5

H.F. 2016 approach to each location where a mobile automated traffic 1 enforcement system is being used for speed limit enforcement. 2 d. A temporary or permanent sign giving notice of the use 3 of an automated traffic enforcement system for the enforcement 4 of speed limits shall be positioned or posted at a distance 5 in advance of the automated traffic enforcement system which, 6 in relation to the applicable speed limit, would provide 7 adequate notice to a motor vehicle operator travelling at the 8 speed limit before entering the range of the automated traffic 9 enforcement system. 10 3. Recorded images produced by an automated traffic 11 enforcement system evidencing a violation of a posted speed 12 limit or an official traffic-control signal shall be reviewed 13 by a peace officer of the local law enforcement agency to 14 affirm that a violation occurred and the identity of the motor 15 vehicle involved in the violation. If following the officer’s 16 review, a notice of a fine or citation is issued to the owner 17 of the motor vehicle involved in the violation, the following 18 requirements apply: 19 a. An affidavit bearing the written or electronic signature 20 of the peace officer shall be included on the notice or 21 citation. 22 b. The notice or citation shall contain a statement, in bold 23 type, regarding the process for appealing the fine. 24 c. The notice or citation shall be sent by ordinary mail to 25 the owner of the motor vehicle involved not more than thirty 26 days following the incident giving rise to the notice of a fine 27 or citation, as evidenced by the postmark. 28 4. A local authority shall not charge the owner of a 29 motor vehicle administrative costs in addition to any civil 30 penalty imposed for a violation detected by an automated 31 traffic enforcement system. Civil penalties imposed for such 32 violations shall not exceed the following amounts: 33 a. For a violation of an official traffic-control signal, 34 seventy-five dollars. 35 -2- LSB 5545YH (2) 85 dea/nh 2/ 5

H.F. 2016 b. For a violation of a speed limit, the amount of the 1 fine established in section 805.8A for an equivalent speeding 2 violation charged as a scheduled violation, subject to the 3 limitation established in section 331.302, subsection 2, for 4 violation of a county ordinance, or the limitation established 5 in section 364.3, subsection 2, for violation of a city 6 ordinance. 7 5. A local authority that uses an automated traffic 8 enforcement system shall file annually with the department of 9 public safety a report comparing the type and rate of accidents 10 that occurred at each location where an automated traffic 11 enforcement system was employed during the previous year to 12 the type and rate of accidents at the same location during 13 the previous consecutive year. The report shall be kept on 14 file and used by the governing body of the local authority 15 in evaluating the effectiveness of the automated traffic 16 enforcement program in improving public safety. 17 Sec. 3. EXISTING AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS 18 —— VALIDITY OF PRIOR NOTICES AND CITATIONS. Notices mailed 19 or citations issued for violations committed prior to the 20 effective date of this Act, pursuant to a local ordinance 21 authorizing the use of an automated traffic enforcement system, 22 shall not be invalidated by the enactment of this Act and shall 23 be processed according to the provisions of the law under which 24 they were authorized. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill authorizes and restricts the use of automated 29 traffic enforcement (ATE) systems by state and local highway 30 authorities. 31 The bill defines “automated traffic enforcement system” as 32 a device with one or more sensors working in conjunction with 33 at least one of the following: an official traffic-control 34 signal at an intersection, an official traffic-control signal 35 -3- LSB 5545YH (2) 85 dea/nh 3/ 5

H.F. 2016 at a railroad grade crossing, or a speed measuring device. An 1 ATE system records images of vehicles violating an associated 2 traffic-control signal or a speed limit. The definition 3 includes within its scope devices known as “red light cameras” 4 and “speed cameras”. 5 The bill authorizes the use of ATE systems in conjunction 6 with official traffic-control signals or for the enforcement of 7 speed limits pursuant to municipal or county ordinance. 8 A local authority is required to post signs giving notice of 9 the use of an ATE system on the approach to each location where 10 an ATE system is in use. The signage must be in conformance 11 with the uniform system adopted by the state. The bill 12 specifies that signs giving notice of an ATE system being used 13 for speed limit enforcement must be positioned or posted at 14 a distance in advance of the ATE system which would provide 15 adequate notice to a motor vehicle operator travelling at the 16 speed limit before entering the range of the ATE system. 17 The bill requires that recorded images produced by an ATE 18 system showing a violation of a posted speed limit or an 19 official traffic control signal must be reviewed by a peace 20 officer of the local law enforcement agency to affirm that 21 the violation occurred and the identity of the motor vehicle 22 involved in the violation. A notice of a fine or citation 23 issued to the owner of the motor vehicle must include an 24 affidavit bearing the written or electronic signature of the 25 peace officer and a statement, in bold type, regarding the 26 process for appealing the fine. The notice or citation must be 27 mailed to the owner within 30 days following the occurrence of 28 the violation, as evidenced by the postmark. 29 The bill imposes limits on the fine amounts that may be 30 charged by a local authority for ATE violations and prohibits 31 a local authority from charging administrative costs in 32 addition to a fine. The fine for a violation of an official 33 traffic-control device is limited to $75. For a speeding 34 violation, the fine cannot exceed the amount of the fine set 35 -4- LSB 5545YH (2) 85 dea/nh 4/ 5

H.F. 2016 out in Code section 805.8A for an equivalent speeding violation 1 charged as a scheduled violation. Speeding fines are also 2 subject to the limitation under current law, which restricts 3 penalties for violation of a local ordinance to not more than 4 the penalty for a simple misdemeanor, currently capped at $625. 5 The bill requires a local authority using an ATE system to 6 file an annual report with the department of public safety 7 comparing the type and rate of accidents that occurred at each 8 ATE system location for the two previous years. The report 9 is to be kept on file by the local authority for use by its 10 governing body in evaluating public safety improvements under 11 the ATE program. 12 The bill provides that notices mailed or citations issued of 13 violations committed prior to the effective date of the bill, 14 pursuant to a local ordinance, are not invalidated by the bill 15 and remain enforceable. 16 -5- LSB 5545YH (2) 85 dea/nh 5/ 5