H.F. _____ 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 used for the enforcement of laws 4 regulating vehicular traffic and equipped with one or more 5 sensors working in conjunction with one of the following: 6 a. An official traffic-control signal, to produce recorded 7 images of motor vehicles entering an intersection against a red 8 signal light. 9 b. A speed measuring device, to produce recorded images of 10 motor vehicles traveling at a prohibited rate of speed. 11 c. A railroad grade crossing signal light, as described in 12 section 321.342, to produce recorded images of motor vehicles 13 violating the signal light. 14 d. Any official traffic-control device, if failure to comply 15 with the official traffic-control device constitutes a moving 16 violation under this chapter. 17 Sec. 2. NEW SECTION . 321.492C Automated traffic law 18 enforcement systems. 19 1. The department shall not place, operate, maintain, 20 or employ the use of any automated traffic law enforcement 21 system. The department shall not cause to be placed any 22 automated traffic law enforcement system except as provided in 23 this section or in rules adopted by the department under this 24 section. 25 2. a. A local authority, or another entity on a local 26 authority’s behalf, shall not operate an automated traffic law 27 enforcement system without approving the use of the system 28 following an established self-certification process. The 29 self-certification process shall include a justification report 30 meeting the requirements of paragraph “b” , which shall be 31 made readily available for the public to review, and a public 32 hearing at which the local authority shall provide evidence 33 of a demonstrated safety need for the automated traffic law 34 enforcement system. Notice of the date, time, and location 35 -1- LSB 1358YC (2) 88 ns/rh 1/ 13

H.F. _____ of the hearing shall be published in the manner described in 1 section 362.3. A public hearing may address several locations 2 at which a local authority intends to place an automated 3 traffic law enforcement system. However, a local authority 4 shall adopt a separate ordinance approving the use of an 5 automated traffic law enforcement system for each location 6 at which the local authority operates or intends to operate 7 a fixed or mobile automated traffic law enforcement system. 8 A local authority may approve the operation of an automated 9 traffic law enforcement system only if the system is located in 10 a documented high-crash or high-risk location at which there is 11 a demonstrated safety need for the system. The local authority 12 shall demonstrate the safety need for the system based on the 13 volume of traffic, the history of motor vehicle accidents, the 14 frequency and type of traffic violations, the risk to peace 15 officers employing traditional traffic enforcement methods, any 16 additional information required in the justification report, 17 and any other safety criteria deemed appropriate by the local 18 authority. These requirements shall apply for each location 19 at which a local authority, or another entity on a local 20 authority’s behalf, operates or intends to operate a fixed or 21 mobile automated traffic law enforcement system. 22 b. A justification report shall provide all necessary 23 information and documentation to demonstrate whether an area is 24 a high-crash or high-risk location and shall include but not be 25 limited to documentation regarding all the following: 26 (1) Existing traffic speeds, posted speed limits, 27 traffic volumes, and intersection or roadway geometry. Such 28 documentation shall provide assurance that existing speed 29 limits and official traffic-control signal timings are 30 appropriate and shall describe how the limits and timings were 31 established. 32 (2) The applicable motor vehicle accident history, 33 including accident severity, and the history of traffic 34 violations for accidents occurring at the location attributable 35 -2- LSB 1358YC (2) 88 ns/rh 2/ 13

H.F. _____ to violating the speed limit or an official traffic-control 1 signal. Such documentation shall compare accident data with 2 data from other similar locations within the local authority’s 3 jurisdiction, other similar jurisdictions, and larger 4 metropolitan areas. 5 (3) The identification of critical traffic safety issues 6 related to the data required by subparagraphs (1) and (2), 7 including a comprehensive list of solutions that may address 8 the critical traffic safety issues. 9 (4) Other solutions or safety countermeasures that the 10 local authority has implemented along with those that the 11 local authority has considered but not implemented. These may 12 include solutions relating to law enforcement, engineering, 13 public education campaigns, or other safety countermeasures. 14 (5) Discussions held and actions taken by the local 15 authority with any partnering entities that have resources 16 which could aid in the reduction of accidents attributable 17 to violating the speed limit or an official traffic-control 18 signal. 19 (6) The reason or reasons the local authority believes an 20 automated traffic law enforcement system is the best solution 21 to address the critical traffic safety issues. 22 c. A local authority, or another entity on a local 23 authority’s behalf, shall not operate an automated traffic law 24 enforcement system without posting signage meeting all of the 25 following requirements: 26 (1) For a fixed automated traffic law enforcement system, 27 permanent signs advising drivers that the system is in place 28 shall be posted in clear and present view of passing drivers in 29 advance of the location where the system is in use. 30 (2) For a mobile automated traffic law enforcement system, 31 temporary or permanent signs advising drivers that the system 32 is in place shall be posted in clear and present view of 33 passing drivers in advance of the location where the system is 34 in use. 35 -3- LSB 1358YC (2) 88 ns/rh 3/ 13

H.F. _____ (3) The signage shall conform to the manual on uniform 1 traffic-control devices as adopted by the department. 2 d. A local authority, or another entity on a local 3 authority’s behalf, shall not issue a citation resulting from 4 the use of an automated traffic law enforcement system until 5 an active peace officer of the local authority has reviewed 6 the citation and any relevant recorded images produced by the 7 system. 8 e. The amount of the fine or civil penalty imposed by a 9 citation resulting from the use of an automated traffic law 10 enforcement system shall not exceed the amount of the fine for 11 a scheduled violation under section 805.8A for the same or a 12 similar violation of this chapter. 13 f. An automated traffic law enforcement system working 14 in conjunction with a speed measuring device or official 15 traffic-control signal shall comply with the generally accepted 16 procedures for operating the system. An automated traffic law 17 enforcement system shall verify its internal calibrations on a 18 daily basis. If the daily internal calibration is not valid, 19 the system shall not operate until a successful calibration 20 is subsequently conducted. In addition to the daily internal 21 calibration, a monthly calibration shall be conducted by a 22 person trained in the calibration of the system. A person 23 trained in the calibration of a mobile automated traffic law 24 enforcement system shall also conduct a calibration prior to 25 the use of the mobile system after any change in location. 26 A local authority, or another entity on a local authority’s 27 behalf, operating an automated traffic law enforcement 28 system shall maintain a monthly log detailing whether the 29 local authority or entity successfully performed the monthly 30 calibrations and whether the system successfully performed the 31 daily internal calibrations. The log and documentation of 32 the calibrations shall be admissible in any court proceeding 33 relating to an official traffic-control signal violation or a 34 speed limit violation. 35 -4- LSB 1358YC (2) 88 ns/rh 4/ 13

H.F. _____ g. A local authority shall compile and maintain records 1 relating to the number of traffic violations and number 2 of traffic accidents for all locations at which the local 3 authority, or another entity on a local authority’s behalf, 4 operates or intends to operate an automated traffic law 5 enforcement system. Such records shall be compiled and 6 maintained by the local authority for one year prior to the 7 installation of the automated traffic law enforcement system 8 and for each year the automated traffic law enforcement 9 system is in operation. Such records shall be available for 10 examination to the same extent allowed in section 22.2. A 11 local authority with an automated traffic law enforcement 12 system operating within its jurisdiction shall submit an annual 13 report to the general assembly on or before December 31 of each 14 year detailing the effectiveness of each automated traffic 15 law enforcement system operating within its jurisdiction. An 16 annual report shall include the justification report described 17 in paragraph “b” and shall also include but not be limited to 18 information relating to increases or decreases in the number of 19 speed limit violations, violations of official traffic-control 20 signals, and traffic accidents. 21 h. Prior to a local authority placing an automated traffic 22 law enforcement system on a primary road, the local authority 23 shall obtain approval from the department in accordance 24 with rules adopted by the department. A local authority 25 shall submit to the department any information requested by 26 the department during the approval process. If the local 27 authority’s use of the system is approved by the department, 28 the local authority shall follow the requirements set forth 29 in rules adopted by the department. The department may adopt 30 or modify rules relating to automated traffic law enforcement 31 systems to the extent necessary to ensure automated traffic 32 law enforcement systems are operated in a safe and equitable 33 manner. The department shall have the authority to annually 34 review all automated traffic law enforcement systems placed on 35 -5- LSB 1358YC (2) 88 ns/rh 5/ 13

H.F. _____ primary roads and shall have the authority to require removal 1 or modification of such systems. 2 i. A local authority shall designate a process by which 3 a person may appeal a citation issued through the use of an 4 automated traffic law enforcement system, which at a minimum 5 shall provide for all of the following: 6 (1) An appeal to an impartial body created by the local 7 authority to review citations issued through the use of 8 automated traffic law enforcement systems. 9 (2) Following a decision from the impartial body that is 10 adverse to the person, an appeal to the district court, sitting 11 in small claims, of the county in which the local authority is 12 located. 13 j. (1) A local authority shall authorize a petition process 14 by which citizens within the local authority may petition for 15 the removal of a fixed automated traffic law enforcement system 16 or the disapproval of a location approved for the use of mobile 17 automated traffic law enforcement systems in accordance with 18 this section. Petitions under this paragraph “j” shall be 19 specific to one fixed system or one location approved for the 20 use of mobile systems. 21 (2) If the local authority is a city, a petition brought 22 under this paragraph “j” is valid if it is signed by a number 23 of eligible electors of the city equal to or greater than ten 24 percent of the number of persons who voted in the last regular 25 city election. The petition shall include the signatures of 26 the petitioners, the places of residence of the petitioners, 27 and the date on which the petitioners signed the petition. 28 (3) If the local authority is a county, a petition brought 29 under this paragraph “j” is valid if it is signed by a number 30 of eligible electors of the county equal to or greater than 31 ten percent of the number of votes cast in the county in the 32 last presidential election. The petition shall include the 33 signatures of the petitioners, the places of residence of the 34 petitioners, and the date on which the petitioners signed the 35 -6- LSB 1358YC (2) 88 ns/rh 6/ 13

H.F. _____ petition. 1 (4) If a petition is valid as provided in this paragraph 2 “j” , the city council or county board of supervisors, as 3 applicable, shall vote on whether to repeal the ordinance 4 allowing the operation of the fixed system or approving the 5 location for the use of mobile systems. 6 (5) If a city council or county board of supervisors has 7 voted pursuant to subparagraph (4), a new petition for the same 8 fixed system or the same location approved for use of mobile 9 systems shall not be valid for three years after the date of 10 the vote. 11 k. A local authority that operates an automated traffic 12 law enforcement system in violation of this section shall be 13 precluded from operating any automated traffic law enforcement 14 system for a period of two years. A citizen residing within 15 the jurisdiction of a local authority which violates this 16 section shall be allowed to file suit to enjoin the local 17 authority from operating an automated traffic law enforcement 18 system in accordance with this paragraph “k” . 19 3. All moneys collected by a local authority from citations 20 issued as a result of the use of an automated traffic law 21 enforcement system, less the amount necessary for the 22 installation, operation, and maintenance of the automated 23 traffic law enforcement system, shall be deposited in the 24 account or accounts maintained by the local authority for 25 moneys appropriated to the local authority from the secondary 26 road fund or street construction fund of the cities, or shall 27 be deposited in any account and used for the purposes of public 28 safety. 29 Sec. 3. APPLICABILITY. This Act applies to the placement 30 and operation of automated traffic law enforcement systems on 31 or after July 1, 2019. However, any automated traffic law 32 enforcement system in operation prior to January 1, 2019, need 33 not comply with this Act until January 1, 2020. On or after 34 January 1, 2020, such a system shall cease operation until the 35 -7- LSB 1358YC (2) 88 ns/rh 7/ 13

H.F. _____ system complies with this Act. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill regulates the use of automated traffic law 5 enforcement systems (systems). The bill defines “automated 6 traffic law enforcement system” to mean a device used for 7 the enforcement of laws regulating vehicular traffic and 8 equipped with one or more sensors working in conjunction 9 with an official traffic-control signal, a speed measuring 10 device, a railroad grade crossing signal light, or any official 11 traffic-control device if failure to comply with the official 12 traffic-control device constitutes a moving violation under 13 Code chapter 321 (motor vehicles and law of the road). 14 OPERATION BY THE 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 local 20 authority, or another entity on a local authority’s behalf, 21 from operating a system without approving the use of the 22 system following an established self-certification process. 23 The self-certification process must include a justification 24 report and a public hearing at which the local authority must 25 provide evidence of a demonstrated safety need for the system. 26 Notice of the date, time, and location of the hearing must be 27 published in accordance with state law. A public hearing may 28 address several locations at which a local authority intends to 29 place a system. However, the bill requires a local authority 30 to adopt a separate ordinance approving the use of a system 31 for each location at which the local authority operates or 32 intends to operate a fixed or mobile system. A local authority 33 may approve the operation of a system only if the system is 34 located in a documented high-crash or high-risk location at 35 -8- LSB 1358YC (2) 88 ns/rh 8/ 13

H.F. _____ which there is a demonstrated safety need for the system. The 1 local authority must demonstrate the safety need for the system 2 based on the volume of traffic, the history of motor vehicle 3 accidents, the frequency and type of traffic violations, 4 the risk to peace officers employing traditional traffic 5 enforcement methods, any additional information required in 6 the justification report, and any other safety criteria deemed 7 appropriate by the local authority. These requirements apply 8 for each location at which a local authority, or another entity 9 on a local authority’s behalf, operates or intends to operate a 10 fixed or mobile system. 11 JUSTIFICATION REPORT. The bill requires a justification 12 report to provide all necessary information and documentation 13 to demonstrate whether an area is a high-crash or high-risk 14 location, including documentation relating to existing traffic 15 speeds, posted speed limits, traffic volumes, intersection 16 or roadway geometry, the applicable motor vehicle accident 17 history, the history of traffic violations for accidents 18 occurring at the location attributable to violating the speed 19 limit or an official traffic-control signal, the identification 20 of critical traffic safety issues and a comprehensive list of 21 solutions, other solutions or safety countermeasures that the 22 local authority has implemented along with those that the local 23 authority has considered but not implemented, discussions held 24 and actions taken by the local authority with any partnering 25 entities that have resources which could aid in the reduction 26 of accidents, and the reasons the local authority believes a 27 system is the best solution to address the critical traffic 28 safety issues. 29 SIGNAGE. The bill prohibits a local authority, or another 30 entity on a local authority’s behalf, from operating a 31 system without posting required signage. For a fixed system, 32 permanent signs advising drivers that the system is in place 33 must be posted in clear and present view of passing drivers 34 in advance of the location where the system is in use. For a 35 -9- LSB 1358YC (2) 88 ns/rh 9/ 13

H.F. _____ mobile system, temporary or permanent signs advising drivers 1 that the system is in place must be posted in clear and present 2 view of passing drivers in advance of the location where the 3 system is in use. The bill requires the signage to conform to 4 the manual on uniform traffic-control devices as adopted by the 5 DOT. 6 CITATIONS AND FINES. The bill prohibits a local authority, 7 or another entity on a local authority’s behalf, from issuing 8 a citation resulting from the use of a system until an active 9 peace officer of the local authority has reviewed the citation 10 and any relevant recorded images produced by the system. The 11 bill prohibits the amount of the fine or civil penalty imposed 12 by a citation resulting from the use of a system from exceeding 13 the amount of the fine for a scheduled violation under Code 14 section 805.8A (motor vehicle and transportation scheduled 15 violations) for the same or a similar violation of Code chapter 16 321. 17 SYSTEM CALIBRATIONS. The bill requires a system working 18 in conjunction with a speed measuring device or official 19 traffic-control signal to comply with the generally accepted 20 procedures for operating the system. The bill requires a 21 system to verify its internal calibrations daily, and a person 22 trained in the calibration of the system to conduct a monthly 23 calibration. A person trained in the calibration of a mobile 24 system must also conduct a calibration prior to the use of the 25 mobile system after any change in location. A local authority, 26 or another entity on a local authority’s behalf, operating 27 a system must maintain a monthly log detailing whether the 28 local authority or entity successfully performed the monthly 29 calibrations and whether the system successfully performed the 30 daily internal calibrations. The bill provides that the log 31 and documentation of the calibrations is admissible in any 32 court proceeding relating to an official traffic-control signal 33 violation or a speed limit violation. 34 RECORDS AND REPORTS. The bill requires a local authority 35 -10- LSB 1358YC (2) 88 ns/rh 10/ 13

H.F. _____ to compile and maintain records relating to the number of 1 traffic violations and number of traffic accidents for all 2 locations at which the local authority, or another entity on 3 a local authority’s behalf, operates or intends to operate a 4 system. Such records must be compiled and maintained for one 5 year prior to the installation of the system and for each year 6 the system is in operation. Such records must be available for 7 examination to the same extent allowed in Code section 22.2 8 (right to examine public records). The bill requires a local 9 authority with a system operating within its jurisdiction to 10 submit an annual report to the general assembly on or before 11 December 31 of each year detailing the effectiveness of each 12 system operating within its jurisdiction. An annual report 13 must include the justification report and also include but not 14 be limited to information relating to increases or decreases in 15 the number of speed limit violations, violations of official 16 traffic-control signals, and traffic accidents. 17 SYSTEMS ON PRIMARY ROADS. Prior to a local authority 18 placing a system on a primary road, the bill requires the local 19 authority to obtain approval from the DOT. A local authority 20 must submit to the DOT any information requested by the DOT 21 during the approval process. If the local authority’s use of 22 the system is approved by the DOT, the local authority must 23 follow the requirements set forth in the DOT’s rules. The bill 24 authorizes the DOT to adopt or modify rules relating to systems 25 to the extent necessary to ensure systems are operated in a 26 safe and equitable manner. The bill provides the DOT shall 27 have the authority to annually review all systems placed on 28 primary roads and to require removal or modification of such 29 systems. 30 APPEALS. The bill requires a local authority to designate a 31 process by which a person may appeal a citation issued through 32 the use of a system, which at a minimum must provide for an 33 appeal to an impartial body created by the local authority 34 to review citations issued through the use of systems and, 35 -11- LSB 1358YC (2) 88 ns/rh 11/ 13

H.F. _____ following a decision from the impartial body that is adverse to 1 the person, an appeal to the district court, sitting in small 2 claims, of the county in which the local authority is located. 3 PETITIONS FOR REMOVAL. The bill requires a local authority 4 to authorize a petition process by which citizens within the 5 local authority may petition for the removal of a fixed system 6 or the disapproval of a location approved for the use of mobile 7 systems. Petitions must be specific to one fixed system or one 8 location approved for the use of mobile systems. The bill sets 9 forth the number of signatures and related information required 10 for petitions to cities and counties. If a petition is valid, 11 the city council or county board of supervisors, as applicable, 12 must vote on whether to repeal the ordinance allowing the 13 operation of the fixed system or approving the location for the 14 use of mobile systems. If a city council or county board of 15 supervisors has voted, a new petition for the same fixed system 16 or the same location approved for use of mobile systems is not 17 valid for three years after the date of the vote. 18 SANCTIONS. The bill provides that a local authority that 19 operates a system in violation of the bill is precluded from 20 operating any system for a period of two years. A citizen 21 residing within the jurisdiction of a local authority which 22 violates the bill is allowed to file suit to enjoin the local 23 authority from operating a system. 24 USE OF REVENUE. The bill requires all moneys collected by a 25 local authority from citations issued as a result of the use 26 of a system, less the amount necessary for the installation, 27 operation, and maintenance of system, to be deposited in the 28 account or accounts maintained by the local authority for 29 moneys appropriated to the local authority from the secondary 30 road fund or street construction fund of the cities, or to be 31 deposited in any account and used for the purposes of public 32 safety. 33 APPLICABILITY. The bill applies to the placement and 34 operation of systems on or after July 1, 2019. However, any 35 -12- LSB 1358YC (2) 88 ns/rh 12/ 13