H.F. 674 Section 1. Section 321.1, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 06B. “Automated traffic law enforcement 3 system” means a device or devices capable of producing a 4 photographically recorded still image or video of the rear of 5 a motor vehicle, including the motor vehicle’s registration 6 plate, which device or devices are used for the enforcement of 7 laws regulating vehicular traffic and work in conjunction with 8 one of the following: 9 a. An official traffic-control signal, to produce recorded 10 images of motor vehicles entering an intersection against a red 11 signal light. 12 b. A speed measuring device, to produce recorded images of 13 motor vehicles traveling at a prohibited rate of speed. 14 c. A railroad grade crossing signal light, as described in 15 section 321.342, to produce recorded images of motor vehicles 16 violating the signal light. 17 d. Any official traffic-control device, if failure to comply 18 with the official traffic-control device constitutes a moving 19 violation under this chapter. 20 Sec. 2. NEW SECTION . 321.492C Automated traffic law 21 enforcement systems. 22 1. The department shall not place, operate, maintain, 23 or employ the use of any automated traffic law enforcement 24 system. The department shall not cause to be placed any 25 automated traffic law enforcement system except as provided in 26 this section or in rules adopted by the department under this 27 section. 28 2. a. (1) A local authority, or another entity on a local 29 authority’s behalf, shall not operate automated traffic law 30 enforcement systems without approving the use of the systems 31 following an established self-certification process. The 32 self-certification process may include a justification report 33 as described in paragraph “b” , which shall be made readily 34 available for the public to review, and a public hearing 35 -1- LSB 2150HV (2) 88 ns/rh 1/ 12

H.F. 674 at which the local authority shall provide evidence of a 1 demonstrated safety need for automated traffic law enforcement 2 systems. Notice of the date, time, and location of the hearing 3 shall be published in the manner described in section 362.3. 4 A local authority shall adopt an ordinance approving the use 5 and operation of automated traffic law enforcement systems in 6 its jurisdiction and shall publish on the local authority’s 7 internet site the locations at which the local authority, or 8 another entity on a local authority’s behalf, operates or 9 intends to operate automated traffic law enforcement systems. 10 (2) A local authority may approve the operation of automated 11 traffic law enforcement systems only if the systems are located 12 in documented high-crash or high-risk locations at which there 13 is a demonstrated safety need for the systems. The local 14 authority shall demonstrate the safety need for the systems 15 based on the volume of traffic, the history of motor vehicle 16 accidents, the frequency and type of traffic violations, 17 the risk to peace officers employing traditional traffic 18 enforcement methods, any additional information described in 19 the justification report, or any other safety criteria deemed 20 appropriate by the local authority. This subparagraph applies 21 for each location at which a local authority, or another entity 22 on a local authority’s behalf, operates or intends to operate a 23 fixed or mobile automated traffic law enforcement system. 24 (3) This paragraph does not apply to a local authority that 25 has installed and operated fixed or mobile automated traffic 26 law enforcement systems before January 1, 2020. 27 b. A justification report may provide the necessary 28 information and documentation to demonstrate whether an area is 29 a high-crash or high-risk location and may include but is not 30 limited to documentation regarding any of the following: 31 (1) Existing traffic speeds, posted speed limits, 32 traffic volumes, and intersection or roadway geometry. Such 33 documentation shall provide assurance that existing speed 34 limits and official traffic-control signal timings are 35 -2- LSB 2150HV (2) 88 ns/rh 2/ 12

H.F. 674 appropriate and shall describe how the limits and timings were 1 established. 2 (2) The applicable motor vehicle accident history, 3 including accident severity, and the history of traffic 4 violations for accidents occurring at the location. Such 5 documentation shall compare accident data with data from other 6 similar locations within the local authority’s jurisdiction, 7 other similar jurisdictions, and larger metropolitan areas. 8 (3) The identification of critical traffic safety issues 9 related to the data required by subparagraphs (1) and (2), 10 including a comprehensive list of solutions that may address 11 the critical traffic safety issues. 12 (4) Other solutions or safety countermeasures that the 13 local authority has implemented along with those that the 14 local authority has considered but not implemented. These may 15 include solutions relating to law enforcement, engineering, 16 public education campaigns, or other safety countermeasures. 17 (5) Discussions held and actions taken by the local 18 authority with any partnering entities that have resources 19 which could aid in the reduction of accidents attributable 20 to violating the speed limit or an official traffic-control 21 signal. 22 (6) The reason or reasons the local authority believes an 23 automated traffic law enforcement system is the best solution 24 to address the critical traffic safety issues. 25 c. A local authority, or another entity on a local 26 authority’s behalf, shall not operate an automated traffic law 27 enforcement system without posting signage meeting all of the 28 following requirements: 29 (1) For a fixed automated traffic law enforcement system, 30 permanent signs advising drivers that the system is in place 31 shall be posted in clear and present view of passing drivers 32 at least five hundred feet but no more than one thousand feet 33 along the highway in advance of the location where the system 34 is in use. 35 -3- LSB 2150HV (2) 88 ns/rh 3/ 12

H.F. 674 (2) For a mobile automated traffic law enforcement system, 1 temporary or permanent signs advising drivers that the system 2 is in place shall be posted in clear and present view of 3 passing drivers at least five hundred feet but no more than 4 one thousand feet along the highway in advance of the location 5 where the system is in use. 6 (3) The signage shall conform to the manual on uniform 7 traffic-control devices as adopted by the department. 8 d. A local authority, or another entity on a local 9 authority’s behalf, shall not issue a citation resulting from 10 the use of an automated traffic law enforcement system until an 11 active peace officer of the local authority has reviewed and 12 approved the recorded images produced by the system to affirm 13 that a violation has occurred. 14 e. The amount of the fine or civil penalty imposed by a 15 citation resulting from the use of an automated traffic law 16 enforcement system shall not exceed the amount of the fine for 17 a scheduled violation under section 805.8A for the same or a 18 similar violation of this chapter. 19 f. For the thirty-day period following the installation of 20 a local authority’s first fixed or mobile automated traffic 21 law enforcement system, a warning memorandum shall be issued 22 and mailed to the owner of a motor vehicle identified by the 23 system in lieu of any citation. This paragraph does not apply 24 to a local authority that has installed and operated fixed or 25 mobile automated traffic law enforcement systems before January 26 1, 2020. 27 g. An automated traffic law enforcement system working 28 in conjunction with a speed measuring device or official 29 traffic-control signal shall comply with the generally 30 accepted procedures for operating the system. An automated 31 traffic law enforcement system shall verify its internal 32 calibrations no less frequently than is recommended by 33 the system’s manufacturer. If an internal calibration is 34 not valid, the system shall not operate until a successful 35 -4- LSB 2150HV (2) 88 ns/rh 4/ 12

H.F. 674 calibration is subsequently conducted. In addition to the 1 internal calibration, a calibration shall be conducted by a 2 person trained in the calibration of the system at least once 3 every three months, which calibration may be conducted using 4 a calibrated vehicle. A person trained in the calibration 5 of a mobile automated traffic law enforcement system shall 6 also conduct a calibration prior to the use of the mobile 7 system after any change in location, which calibration may be 8 conducted using a calibrated vehicle. A local authority, or 9 another entity on a local authority’s behalf, operating an 10 automated traffic law enforcement system shall maintain an 11 annual log detailing whether the local authority or entity 12 successfully performed the required calibrations and whether 13 the system successfully performed the required internal 14 calibrations. The log and documentation of the calibrations 15 shall be admissible in any court proceeding relating to an 16 official traffic-control signal violation or a speed limit 17 violation. 18 h. (1) A local authority shall compile and maintain 19 records relating to the number of traffic violations and 20 number of traffic accidents for all locations at which the 21 local authority, or another entity on a local authority’s 22 behalf, operates or intends to operate an automated traffic 23 law enforcement system. Such records shall be compiled and 24 maintained by the local authority for one year prior to the 25 installation of the automated traffic law enforcement system 26 and for each year the automated traffic law enforcement system 27 is in operation. The requirement to compile and maintain 28 records for one year prior to the installation of an automated 29 traffic law enforcement system does not apply to systems 30 installed and operated before January 1, 2020. 31 (2) The records shall be available for examination to the 32 same extent allowed in section 22.2. 33 (3) A local authority with an automated traffic law 34 enforcement system operating within its jurisdiction shall 35 -5- LSB 2150HV (2) 88 ns/rh 5/ 12

H.F. 674 submit an annual report to the general assembly on or before 1 December 31 of each year detailing the effectiveness of each 2 automated traffic law enforcement system operating within its 3 jurisdiction. An annual report may include the justification 4 report described in paragraph “b” and shall include but not be 5 limited to information relating to increases or decreases in 6 the number of speed limit violations, violations of official 7 traffic-control signals, and traffic accidents. 8 i. Prior to a local authority placing an automated traffic 9 law enforcement system on a primary road, the local authority 10 shall obtain approval from the department in accordance 11 with rules adopted by the department. A local authority 12 shall submit to the department any information requested by 13 the department during the approval process. If the local 14 authority’s use of the system is approved by the department, 15 the local authority shall follow the requirements set forth 16 in rules adopted by the department. The department may adopt 17 or modify rules relating to automated traffic law enforcement 18 systems to the extent necessary to ensure automated traffic 19 law enforcement systems are operated in a safe and equitable 20 manner. The department shall have the authority to annually 21 review all automated traffic law enforcement systems placed on 22 primary roads and shall have the authority to require removal 23 or modification of such systems. This paragraph does not apply 24 to an automated traffic law enforcement system in operation 25 prior to January 1, 2020. A local authority may continue to 26 operate such a system in the same manner as the system was 27 operated prior to January 1, 2020. However, on or after the 28 effective date of this Act, when a local authority discontinues 29 operation of such a system, any new manner of operation or new 30 system operated by the local authority on a primary road shall 31 comply with this paragraph. 32 j. (1) A local authority shall designate a process by which 33 a person may appeal a citation issued through the use of an 34 automated traffic law enforcement system, which at a minimum 35 -6- LSB 2150HV (2) 88 ns/rh 6/ 12

H.F. 674 shall provide for one of the following: 1 (a) An appeal to an impartial body created by the local 2 authority to review citations issued through the use of 3 automated traffic law enforcement systems. If a person appeals 4 in this manner, the decision of the impartial body shall serve 5 as a determination of liability owed to the local authority 6 without the need for any other municipal or civil infraction 7 proceedings. 8 (b) An appeal to the district court, sitting in small 9 claims, of the county in which the local authority is located. 10 (2) A person may appeal a citation as provided in 11 subparagraph (1) within a reasonable period of time of the 12 citation being issued as set forth by the local authority by 13 ordinance. If a person does not appeal the citation within 14 the required period of time, the citation shall serve as 15 a determination of liability owed to the local authority 16 without the need for any other municipal or civil infraction 17 proceedings. 18 (3) Decisions on appeals made under subparagraph (1) may be 19 appealed as provided by law. 20 k. The department is authorized to enforce this section 21 and shall notify a local authority of any alleged violation 22 of this section, which alleged violation shall be subject to 23 contested case proceedings pursuant to chapter 17A. A local 24 authority found to have been operating an automated traffic 25 law enforcement system in violation of this section shall 26 be precluded from operating a similar automated traffic law 27 enforcement system for a period of two years. 28 3. Of the moneys collected by a local authority from 29 citations issued as a result of the use of an automated traffic 30 law enforcement system, less the amount necessary for the 31 installation, operation, and maintenance of the automated 32 traffic law enforcement system, forty percent shall be used by 33 the local authority for purposes of public safety and sixty 34 percent shall be transferred to the treasurer of state and 35 -7- LSB 2150HV (2) 88 ns/rh 7/ 12

H.F. 674 deposited in the general fund of the state. Moneys deposited 1 in the general fund of the state pursuant to this subsection 2 are appropriated to the department of public safety for 3 allocation among the divisions of the department of public 4 safety. 5 Sec. 3. APPLICABILITY. Except as otherwise provided in 6 this Act, this Act applies to the placement and operation of 7 automated traffic law enforcement systems on or after July 1, 8 2019. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill regulates the use of automated traffic law 13 enforcement systems (systems). 14 OPERATION BY DEPARTMENT OF TRANSPORTATION. The bill 15 prohibits the department of transportation (DOT) from placing, 16 operating, maintaining, or employing the use of any system, and 17 prohibits the DOT from causing to be placed any system except 18 as provided in the bill. 19 OPERATION BY LOCAL AUTHORITIES. The bill prohibits a 20 local authority, or another entity on a local authority’s 21 behalf, from operating systems without approving the use of the 22 systems following an established self-certification process. 23 The self-certification process may include a justification 24 report and a public hearing. A local authority must adopt an 25 ordinance approving the use and operation of systems in its 26 jurisdiction and must publish on the local authority’s internet 27 site the locations at which the local authority, or another 28 entity on a local authority’s behalf, operates or intends 29 to operate the systems. The bill allows a local authority 30 to approve the operation of systems only if the systems are 31 located in documented high-crash or high-risk locations at 32 which there is a demonstrated safety need for the systems. The 33 local authority is required to demonstrate the safety need 34 for the systems based on the volume of traffic, the history 35 -8- LSB 2150HV (2) 88 ns/rh 8/ 12

H.F. 674 of motor vehicle accidents, the frequency and type of traffic 1 violations, the risk to peace officers employing traditional 2 traffic enforcement methods, any additional information 3 described in the justification report, or any other safety 4 criteria deemed appropriate by the local authority. These 5 provisions do not apply to a local authority that has installed 6 and operated systems before January 1, 2020. 7 JUSTIFICATION REPORT. A justification report may provide 8 the necessary information and documentation to demonstrate 9 whether an area is a high-crash or high-risk location and may 10 include the types of documentation set forth in the bill. 11 SIGNAGE. The bill prohibits a local authority, or another 12 entity on a local authority’s behalf, from operating a 13 system without posting required signage. For a fixed system, 14 permanent signs advising drivers that the system is in place 15 must be posted in clear and present view of passing drivers at 16 least 500 feet but no more than 1,000 feet along the highway 17 in advance of the location where the system is in use. For a 18 mobile system, temporary or permanent signs advising drivers 19 that the system is in place must be posted in clear and present 20 view of passing drivers at least 500 feet but no more than 21 1,000 feet along the highway in advance of the location where 22 the system is in use. The bill requires the signage to conform 23 to the manual on uniform traffic-control devices as adopted by 24 the DOT. 25 CITATIONS, FINES, AND WARNINGS. The bill prohibits a 26 local authority, or another entity on a local authority’s 27 behalf, from issuing a citation resulting from the use of a 28 system until an active peace officer of the local authority 29 has reviewed and approved the recorded images produced by the 30 system to affirm that a violation has occurred. The amount of 31 the fine or civil penalty imposed by a citation resulting from 32 the use of a system must not exceed the amount of the fine for 33 a scheduled violation under Code section 805.8A (motor vehicle 34 and transportation scheduled violations) for the same or a 35 -9- LSB 2150HV (2) 88 ns/rh 9/ 12

H.F. 674 similar violation of Code chapter 321 (motor vehicles and law 1 of the road). 2 For 30 days following the installation of a local 3 authority’s first system, a warning memorandum must be issued 4 and mailed to the owner of a motor vehicle identified by the 5 system in lieu of any citation. However, this provision does 6 not apply to a local authority that has installed and operated 7 systems before January 1, 2020. 8 SYSTEM CALIBRATIONS. The bill requires a system working 9 in conjunction with a speed measuring device or official 10 traffic-control signal to comply with the generally accepted 11 procedures for operating the system. A system must verify its 12 internal calibrations no less frequently than is recommended 13 by the system’s manufacturer. If an internal calibration is 14 not valid, the bill prohibits a system from operating until a 15 successful calibration is subsequently conducted. 16 The bill also requires a calibration to be conducted by a 17 person trained in the calibration of the system at least once 18 every three months, and for a mobile system, prior to the use 19 of the mobile system after any change in location. A local 20 authority, or another entity on a local authority’s behalf, 21 must maintain an annual log of the calibrations. The log and 22 documentation of the calibrations is admissible in any court 23 proceeding relating to an official traffic-control signal 24 violation or a speed limit violation. 25 RECORDS AND REPORTS. The bill requires a local authority to 26 compile and maintain records relating to the number of traffic 27 violations and number of traffic accidents for all locations 28 at which the local authority, or another entity on a local 29 authority’s behalf, operates or intends to operate a system. 30 Such records must be compiled and maintained by the local 31 authority for one year prior to the installation of the system 32 and for each year the system is in operation. The requirement 33 to compile and maintain records for one year prior to the 34 installation of a system does not apply to systems installed 35 -10- LSB 2150HV (2) 88 ns/rh 10/ 12

H.F. 674 and operated before January 1, 2020. 1 The bill requires a local authority with a system operating 2 within its jurisdiction to submit an annual report to the 3 general assembly on or before December 31 of each year 4 detailing the effectiveness of each system operating within its 5 jurisdiction. 6 SYSTEMS ON PRIMARY ROADS. Prior to a local authority 7 placing a system on a primary road, the local authority must 8 obtain approval from the DOT. A local authority must submit 9 to the DOT any information requested by the DOT during the 10 approval process. If the local authority’s use of the system 11 is approved by the DOT, the local authority must follow the 12 requirements set forth in rules adopted by the DOT. The bill 13 authorizes the DOT to annually review all systems placed 14 on primary roads and allows the DOT to require removal or 15 modification of such systems. These provisions do not apply 16 to a system in operation prior to January 1, 2020. A local 17 authority may continue to operate such a system in the same 18 manner as the system was operated prior to January 1, 2020. 19 However, when a local authority discontinues operation of such 20 a system, any new manner of operation or new system operated by 21 the local authority on a primary road must comply. 22 APPEALS. The bill requires a local authority to designate a 23 process by which a person may appeal a citation issued through 24 the use of a system, which at a minimum must provide for either 25 an appeal to an impartial body created by the local authority 26 or an appeal to the district court, sitting in small claims, of 27 the county in which the local authority is located. 28 VIOLATIONS BY LOCAL AUTHORITY. The bill authorizes the DOT 29 to enforce the bill and requires the DOT to notify a local 30 authority of any alleged violation of the bill, which alleged 31 violation is subject to contested case proceedings pursuant 32 to Code chapter 17A. A local authority found to have been 33 operating a system in violation of the bill shall be precluded 34 from operating a similar system for a period of two years. 35 -11- LSB 2150HV (2) 88 ns/rh 11/ 12

H.F. 674 USE OF REVENUE. Of the moneys collected by a local authority 1 from citations issued as a result of the use of a system, less 2 the amount necessary for the installation, operation, and 3 maintenance of the system, 40 percent must be used by the local 4 authority for purposes of public safety and 60 percent must 5 be transferred to the treasurer of state and deposited in the 6 general fund of the state. Moneys deposited in the general 7 fund of the state pursuant to the bill are appropriated to the 8 department of public safety for allocation among the divisions 9 of the department of public safety. 10 APPLICABILITY. Except as otherwise provided in the bill, 11 the bill applies to the placement and operation of systems on 12 or after July 1, 2019. 13 -12- LSB 2150HV (2) 88 ns/rh 12/ 12