HF 249 (LSB 1651YH (3) 89)

HOUSE FILE 249

BY  WHEELER

A BILL FOR

An Act prohibiting the use of automated or remote systems for traffic law enforcement, including prohibiting the sharing of related information, requiring the removal of existing systems, and invalidating associated citations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.492C  Use of automated or remote systems for traffic law enforcement prohibited —— sharing related information prohibited.
   1.  The state or a political subdivision of the state shall not place or cause to be placed on or adjacent to a highway, or maintain or employ the use of, any automated or remote system for traffic law enforcement. 
   2.  The department of transportation and the department of public safety shall not share or provide information used to impose or collect a civil penalty that results from a violation captured by an automated or remote system for traffic law enforcement through any existing interstate compact that does not specifically allow or require information to be shared or provided for that explicit purpose.
   3.  For purposes of this section, “automated or remote system for traffic law enforcement” means a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to identify motor vehicles operating in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.
    Sec. 2.  REMOVAL OF AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT —— PRIOR NOTICES AND CITATIONS INVALID.  Prior to July 1, 2021, a local authority using an automated or remote system for traffic law enforcement shall discontinue using the system and remove the system equipment. On and after the effective date of this Act, all local ordinances authorizing the use of automated or remote systems for traffic law enforcement are void. On and after the effective date of this Act, all citations issued or mailed pursuant to such an ordinance are invalidated by the enactment of this Act.
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill prohibits the state or a political subdivision of the state from placing or causing to be placed on or adjacent to a highway, or maintaining or employing the use of, any automated or remote system for traffic law enforcement (ATE system). 
   The bill prohibits the department of transportation and the department of public safety from providing information used to impose or collect a civil penalty that results from a violation captured by an ATE system through an existing interstate compact agreement unless the agreement specifically allows or requires that information to be shared or provided for that specific purpose. 
   The bill defines “automated or remote system for traffic law enforcement” to mean a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to identify motor vehicles operating in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.
   The bill requires that prior to July 1, 2021, a local authority using an ATE system must discontinue using the system and remove the system equipment. On and after the effective date of the bill, all local ordinances authorizing the use of ATE systems are void and all citations issued or mailed pursuant to such an ordinance are invalidated.
   The bill takes effect upon enactment.