Senate File 123 - Introduced SENATE FILE 123 BY CHELGREN A BILL FOR An Act relating to the enforcement of traffic laws, including 1 authorizing peace officers employed by the department of 2 transportation to make arrests for certain violations, 3 prohibiting the use of automated or remote traffic law 4 enforcement systems, and requiring the removal of existing 5 systems, and including effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1344XS (3) 87 ns/nh

S.F. 123 Section 1. Section 80.22, Code 2017, is amended to read as 1 follows: 2 80.22 Prohibition on other departments. 3 All Except as provided in sections 321.476 and 321.477, 4 all other departments and bureaus of the state are hereby 5 prohibited from employing special peace officers or conferring 6 upon regular employees any police powers to enforce provisions 7 of the statutes which are specifically reserved by 1939 Iowa 8 Acts, ch. 120, to the department of public safety. But 9 However, the commissioner of public safety shall, upon the 10 requisition of the attorney general, from time to time assign 11 for service in the department of justice such of its officers, 12 not to exceed six in number, as may be requisitioned by the 13 attorney general for special service in the department of 14 justice, and when so assigned such officers shall be under the 15 exclusive direction and control of the attorney general. 16 Sec. 2. Section 321.477, Code 2017, is amended to read as 17 follows: 18 321.477 Employees as peace officers —— maximum age. 19 1. The department may designate by resolution certain of 20 its employees upon each of whom there is hereby conferred the 21 authority of a peace officer to control and direct traffic and 22 weigh vehicles, and to make arrests for violations of the motor 23 vehicle laws relating to the operation of motor vehicles on the 24 highways of this state, the operating authority, registration, 25 size, weight, and load of motor vehicles and trailers , and the 26 registration of a motor carrier’s interstate transportation 27 service with the department. 28 2. The maximum age for a person employed as a peace officer 29 pursuant to this section is sixty-five years of age. 30 Sec. 3. Section 321.492B, Code 2017, is amended to read as 31 follows: 32 321.492B Use of unmanned aerial vehicle automated or remote 33 systems for traffic law enforcement prohibited. 34 The state or a political subdivision of the state shall not 35 -1- LSB 1344XS (3) 87 ns/nh 1/ 3

S.F. 123 use an unmanned aerial vehicle place or cause to be placed on 1 or adjacent to a highway, or maintain or employ the use of, 2 any automated or remote system for traffic law enforcement 3 including but not limited to an unmanned aerial vehicle and any 4 device with one or more sensors working in conjunction with a 5 traffic-control signal or device, signal light, speed measuring 6 device, or parking meter device . 7 Sec. 4. REMOVAL OF AUTOMATED OR REMOTE TRAFFIC LAW 8 ENFORCEMENT SYSTEMS —— VALIDITY OF PRIOR NOTICES AND 9 CITATIONS. On or before July 1, 2017, a local authority using 10 an automated or remote traffic law enforcement system shall 11 discontinue using the system and remove the system equipment. 12 Effective July 1, 2017, all local ordinances authorizing the 13 use of automated or remote traffic law enforcement systems are 14 void. However, any notice of violation mailed or any citation 15 issued pursuant to such an ordinance prior to July 1, 2017, 16 shall not be invalidated by the enactment of this Act and shall 17 be processed according to the provisions of the law under which 18 it was authorized. 19 Sec. 5. EFFECTIVE UPON ENACTMENT. The section of this 20 Act relating to the removal of automated or remote traffic 21 law enforcement systems and the validity of prior notices and 22 citations, being deemed of immediate importance, takes effect 23 upon enactment. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 Under current law, departments and bureaus of the state, 28 other than the department of public safety (DPS), are 29 prohibited from employing special peace officers or conferring 30 upon regular employees any police powers to enforce laws which 31 are specifically reserved to DPS, including those laws related 32 to traffic on the public highways of the state. However, 33 certain employees of the department of transportation (DOT) 34 may be designated as peace officers authorized to control 35 -2- LSB 1344XS (3) 87 ns/nh 2/ 3

S.F. 123 and direct traffic and weigh vehicles, and to make arrests 1 for violations of the motor vehicle laws relating to the 2 operating authority, registration, size, weight, and load of 3 motor vehicles and trailers, and the registration of a motor 4 carrier’s interstate transportation service with the DOT. 5 This bill authorizes peace officers employed by the DOT to 6 make arrests for violations of the motor vehicle laws relating 7 to the operation of motor vehicles on the highways of the 8 state. 9 The bill also imposes a statewide prohibition on the 10 placement and use of automated or remote traffic law 11 enforcement systems including but not limited to unmanned 12 aerial vehicles and any devices with one or more sensors 13 working in conjunction with a traffic-control signal or device, 14 signal light, speed measuring device, or parking meter device. 15 This provision of the bill takes effect July 1, 2017. 16 Local authorities that are currently using automated or 17 remote traffic law enforcement systems must discontinue their 18 use and remove related equipment on or before July 1, 2017. 19 On that date, all local ordinances authorizing the use of 20 automated or remote traffic law enforcement systems are void. 21 However, notices of violations mailed or citations issued prior 22 to July 1, 2017, are not invalidated by the bill and remain 23 enforceable. These provisions of the bill take effect upon 24 enactment. 25 -3- LSB 1344XS (3) 87 ns/nh 3/ 3