Senate
File
2061
-
Introduced
SENATE
FILE
2061
BY
DICKEY
A
BILL
FOR
An
Act
relating
to
the
use
of
automated
or
remote
systems
for
1
traffic
law
enforcement
involving
out-of-state
businesses,
2
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
321.492C
Use
of
automated
or
remote
1
systems
for
traffic
law
enforcement
——
out-of-state
businesses.
2
1.
The
state,
a
local
authority,
or
any
public
or
private
3
entity
shall
not
place
or
cause
to
be
placed
on
or
adjacent
4
to
a
highway,
or
maintain
or
employ
the
use
of,
any
automated
5
or
remote
system
for
traffic
law
enforcement
if
any
of
the
6
following
apply:
7
a.
The
system
is
installed,
operated,
maintained,
or
8
serviced
by
an
out-of-state
business.
9
b.
The
state
or
local
authority,
as
applicable,
uses
an
10
out-of-state
business
to
file
or
process
a
citation
against,
11
send
an
invoice
to,
or
otherwise
contact
a
person
regarding
12
any
interaction
with
the
system,
or
any
part
of
the
citation
13
issuance
process
takes
place
outside
the
state
or
is
connected
14
to
an
out-of-state
business.
15
2.
Any
citation
or
other
claim
for
payment
resulting
from
an
16
interaction
with
an
automated
or
remote
system
for
traffic
law
17
enforcement
operated
in
violation
of
this
section
is
void
and
18
unenforceable.
19
3.
For
purposes
of
this
section:
20
a.
“Automated
or
remote
system
for
traffic
law
enforcement”
21
means
a
camera
or
other
optical
device
designed
to
work
in
22
conjunction
with
an
official
traffic
control
signal
or
speed
23
measuring
device
to
identify
motor
vehicles
operating
in
24
violation
of
traffic
laws,
the
use
of
which
results
in
the
25
issuance
of
citations
sent
through
the
mail
or
by
electronic
26
means.
27
b.
“Out-of-state
business”
means
a
person
organized
under
28
statute
or
common
law
outside
of
this
state
for
purposes
of
29
engaging
in
a
commercial
activity
on
a
profit,
cooperative,
or
30
nonprofit
basis,
or
an
individual
with
a
principal
place
of
31
business
outside
of
this
state.
32
Sec.
2.
APPLICABILITY.
33
1.
This
Act
applies
to
the
installation,
operation,
34
maintenance,
or
service
of
an
automated
or
remote
system
for
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2061
traffic
law
enforcement
on
or
after
the
effective
date
of
this
1
Act.
2
2.
a.
This
Act
applies
to
citations
or
other
claims
for
3
payment
resulting
from
an
interaction
with
an
automated
or
4
remote
system
for
traffic
law
enforcement
filed
or
processed
on
5
or
after
the
effective
date
of
this
Act.
6
b.
A
citation
or
other
claim
for
payment
issued
or
7
mailed
prior
to
the
effective
date
of
this
Act
shall
not
be
8
invalidated
by
the
enactment
of
this
Act
and
shall
be
processed
9
according
to
the
provisions
of
law
under
which
the
citation
or
10
other
claim
for
payment
was
authorized.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
prohibits
the
state,
a
local
authority,
or
15
any
public
or
private
entity
from
placing,
maintaining,
or
16
employing
the
use
of
any
automated
or
remote
system
for
traffic
17
law
enforcement
(ATE
system)
on
or
adjacent
to
a
highway
if
the
18
ATE
system
is
installed,
operated,
maintained,
or
serviced
by
19
an
out-of-state
business,
or
the
state
or
local
authority,
as
20
applicable,
uses
an
out-of-state
business
to
file
or
process
a
21
citation
against,
send
an
invoice
to,
or
otherwise
contact
a
22
person
regarding
any
interaction
with
the
ATE
system,
or
if
any
23
part
of
the
citation
issuance
process
takes
place
outside
the
24
state
or
is
connected
to
an
out-of-state
business.
Under
the
25
bill,
any
citation
or
other
claim
for
payment
resulting
from
26
an
interaction
with
an
ATE
system
operated
in
violation
of
the
27
bill
is
void
and
unenforceable.
28
The
bill
defines
“automated
or
remote
system
for
traffic
law
29
enforcement”
and
“out-of-state
business”
as
the
terms
are
used
30
in
the
bill.
31
The
bill
applies
to
the
installation,
operation,
32
maintenance,
or
service
of
an
ATE
system
on
or
after
July
33
1,
2022,
and
citations
or
other
claims
for
payment
resulting
34
from
an
interaction
with
an
ATE
system
filed
or
processed
on
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2061
or
after
July
1,
2022.
A
citation
or
other
claim
for
payment
1
issued
or
mailed
prior
to
July
1,
2022,
is
not
invalidated
by
2
the
bill
and
must
be
processed
according
to
the
provisions
of
3
law
under
which
the
citation
or
other
claim
for
payment
was
4
authorized.
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