Senate File 2062 - Introduced SENATE FILE 2062 BY DICKEY A BILL FOR An Act relating to data and alternative measures required prior 1 to implementing automated or remote systems for traffic law 2 enforcement, and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5113XS (7) 89 th/ns
S.F. 2062 Section 1. NEW SECTION . 321.492C Automated or remote 1 systems for traffic law enforcement —— data and alternative 2 measures required. 3 1. The state or a local authority shall do all of the 4 following prior to implementing an automated or remote system 5 for traffic law enforcement at any location: 6 a. Produce and retain data that establishes the need for 7 an automated or remote system for traffic law enforcement to 8 improve safety at the specific location where the system will 9 be used. 10 b. Implement at least one alternative measure to improve 11 safety at the specific location where the system will be used, 12 for at least six months prior to implementation of the system. 13 c. Hold no fewer than two public hearings to discuss the 14 data and whether an automated or remote system for traffic 15 law enforcement is necessary when compared to the ability of 16 alternative measures to improve safety. Notice of the date, 17 time, and location of the hearing shall be published in the 18 manner described in section 362.3. 19 2. a. The state or a local authority, as applicable, shall 20 make available to any person upon request the data and details 21 of alternative measures required by this section. 22 b. If the required data does not establish the need for 23 an automated or remote system for traffic law enforcement to 24 improve safety, or if the state or local authority did not 25 implement at least one alternative measure to improve safety as 26 required by this section, the automated or remote system for 27 traffic law enforcement shall be considered to be operating in 28 violation of this section. Any citation or other claim for 29 payment resulting from an interaction with an automated or 30 remote system for traffic law enforcement operated in violation 31 of this section is void and unenforceable. 32 3. For purposes of this section, “automated or remote system 33 for traffic law enforcement” means a camera or other optical 34 device designed to work in conjunction with an official traffic 35 -1- LSB 5113XS (7) 89 th/ns 1/ 3
S.F. 2062 control signal or speed measuring device to identify motor 1 vehicles operating in violation of traffic laws, the use of 2 which results in the issuance of citations sent through the 3 mail or by electronic means. 4 Sec. 2. APPLICABILITY. 5 1. Except as provided in subsection 2, this Act applies to 6 automated or remote systems for traffic law enforcement on and 7 after July 1, 2022. 8 2. This Act applies on and after January 1, 2023, to 9 automated or remote systems for traffic law enforcement 10 installed and in operation prior to July 1, 2022. For 11 purposes of this Act, January 1, 2023, shall be considered the 12 implementation date of such a system. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill requires that, prior to implementing an automated 17 or remote system for traffic law enforcement (ATE system), the 18 state or a local authority must produce and retain data that 19 establishes the need for an ATE system to improve safety and 20 implement at least one alternative measure to improve safety 21 at the specific location where the ATE system will be used. An 22 alternative measure must be in place for at least six months 23 prior to implementation of the ATE system. The state or local 24 authority must also hold no fewer than two public hearings to 25 discuss the data and whether an ATE system is necessary when 26 compared to the ability of alternative measures to improve 27 safety. The state or local authority must make available to 28 any person upon request the data and details of alternative 29 measures required under the bill. 30 The bill defines “automated or remote system for traffic law 31 enforcement” and makes any citation or other claim for payment 32 resulting from an interaction with an ATE system operated in 33 violation of the bill void and unenforceable. 34 The bill generally applies to ATE systems on and after 35 -2- LSB 5113XS (7) 89 th/ns 2/ 3
S.F. 2062 July 1, 2022, but applies on and after January 1, 2023, to 1 ATE systems installed and in operation prior to July 1, 2022. 2 January 1, 2023, is considered the implementation date for such 3 ATE systems. 4 -3- LSB 5113XS (7) 89 th/ns 3/ 3