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 TLSB 5112XS (8) 89 th/ns
S.F. 2061 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 35 -1- LSB 5112XS (8) 89 th/ns 1/ 3
S.F. 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 35 -2- LSB 5112XS (8) 89 th/ns 2/ 3
S.F. 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. 5 -3- LSB 5112XS (8) 89 th/ns 3/ 3