Senate File 2078 - Introduced SENATE FILE 2078 BY KLIMESH A BILL FOR An Act relating to the use and calibration of automated or 1 remote systems for traffic law enforcement. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5449XS (4) 89 th/ns

S.F. 2078 Section 1. NEW SECTION . 321.492C Automated or remote 1 systems for traffic law enforcement —— excessive speed violations 2 limited —— calibration required. 3 1. A local authority shall not enforce a violation for 4 exceeding the speed limit by less than twenty miles per hour 5 identified through the use of an automated or remote system for 6 traffic law enforcement if the moneys collected from citations 7 issued from all of the local authority’s automated or remote 8 systems for traffic law enforcement during the fiscal year in 9 which the violation occurs equal or exceed two hundred fifty 10 percent of the municipal infraction revenue and scheduled fine 11 revenue collected by the local authority pursuant to section 12 602.8106, or any other provision of law, in the previous fiscal 13 year from traffic citations issued by the local authority’s 14 peace officers or other officials. 15 2. A local authority shall have its automated or remote 16 systems for traffic law enforcement examined and calibrated by 17 a qualified person at least every three months. 18 3. Citations for any of the following violations issued 19 using an automated or remote system for traffic law enforcement 20 are void and unenforceable: 21 a. Violations for exceeding the speed limit by less 22 than twenty miles per hour after such violations become 23 unenforceable pursuant to subsection 1. 24 b. Violations identified through the use of an automated 25 or remote system for traffic law enforcement that has not been 26 examined and calibrated as required under subsection 2. 27 4. For purposes of this section, “automated or remote system 28 for traffic law enforcement” means a camera or other optical 29 device designed to work in conjunction with an official traffic 30 control signal or speed measuring device to identify motor 31 vehicles operating in violation of traffic laws, the use of 32 which results in the issuance of citations sent through the 33 mail or by electronic means. 34 5. This section does not apply to local authorities with a 35 -1- LSB 5449XS (4) 89 th/ns 1/ 3

S.F. 2078 population of more than twelve thousand, according to the most 1 recent federal decennial census. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill limits certain excessive speed violations that 6 counties, municipalities, and other local boards or bodies 7 having authority to adopt local police regulations (local 8 authorities) may enforce by use of an automated or remote 9 system for traffic law enforcement (ATE system) and requires 10 local authorities to calibrate ATE systems under their 11 jurisdiction. 12 The bill prohibits a local authority from enforcing 13 violations for exceeding the speed limit by less than 20 miles 14 per hour identified through the use of an ATE system if the 15 moneys collected from citations issued from all of the local 16 authority’s ATE systems equal or exceed 250 percent of the 17 municipal infraction and scheduled fine revenue collected by 18 the local authority in the previous fiscal year from traffic 19 citations issued by the local authority’s peace officers or 20 other officials. Under the bill, a violation for exceeding the 21 speed limit by 20 miles per hour or more is always enforceable 22 regardless of whether it is identified by an ATE system. 23 The bill requires a local authority to have its ATE systems 24 examined and calibrated by a qualified person at least every 25 three months. 26 Citations issued by a local authority using an ATE system 27 are void and unenforceable if the violation is for exceeding 28 a speed limit by less than 20 miles per hour and the revenue 29 threshold has been met, or if the ATE system has not been 30 examined and calibrated as required under the bill. 31 The bill defines “automated or remote system for traffic law 32 enforcement” as the term is used in the bill. 33 The bill applies only to local authorities with a population 34 of 12,000 or less, according to the most recent federal 35 -2- LSB 5449XS (4) 89 th/ns 2/ 3

S.F. 2078 decennial census. 1 -3- LSB 5449XS (4) 89 th/ns 3/ 3