Senate File 2352 - Introduced SENATE FILE 2352 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 2078) A BILL FOR An Act relating to automated or remote systems for traffic law 1 enforcement, including by requiring data and alternative 2 measures prior to implementation of such systems and by 3 regulating the use and calibration of certain systems, and 4 including applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5449SV (2) 89 th/ns

S.F. 2352 Section 1. NEW SECTION . 321.492C Automated or remote 1 systems for traffic law enforcement —— data and alternative 2 measures required —— excessive speed violations limited —— 3 calibration required. 4 1. The state or a local authority shall do all of the 5 following prior to implementing an automated or remote system 6 for traffic law enforcement at any location: 7 a. Produce and retain data that establishes the need for 8 an automated or remote system for traffic law enforcement to 9 improve safety at the specific location where the system will 10 be used. 11 b. Implement at least one alternative measure to improve 12 safety at the specific location where the system will be used, 13 for at least six months prior to implementation of the system. 14 c. Hold no fewer than two public hearings to discuss the 15 data and whether an automated or remote system for traffic 16 law enforcement is necessary when compared to the ability of 17 alternative measures to improve safety. Notice of the date, 18 time, and location of the hearing shall be published in the 19 manner described in section 331.305 or 362.3, as applicable. 20 2. a. The state or a local authority, as applicable, shall 21 make available to any person upon request the data and details 22 of alternative measures required by subsection 1. 23 b. If the required data does not establish the need for 24 an automated or remote system for traffic law enforcement to 25 improve safety, or if the state or local authority did not 26 implement at least one alternative measure to improve safety, 27 as required by subsection 1, the automated or remote system for 28 traffic law enforcement shall be considered to be operating 29 in violation of subsection 1. Any citation resulting from an 30 interaction with an automated or remote system for traffic law 31 enforcement operated in violation of subsection 1 is void and 32 unenforceable. 33 3. A local authority shall not enforce a violation for 34 exceeding the speed limit by less than twenty miles per hour 35 -1- LSB 5449SV (2) 89 th/ns 1/ 4

S.F. 2352 identified through the use of an automated or remote system for 1 traffic law enforcement if the moneys collected from citations 2 issued from all of the local authority’s automated or remote 3 systems for traffic law enforcement during the fiscal year in 4 which the violation occurs equal or exceed two hundred fifty 5 percent of the municipal infraction revenue and scheduled fine 6 revenue collected by the local authority pursuant to section 7 602.8106, or any other provision of law, in the previous fiscal 8 year from traffic citations issued by the local authority’s 9 peace officers or other officials. 10 4. A local authority shall have its automated or remote 11 systems for traffic law enforcement examined and calibrated by 12 a qualified person at least every three months. 13 5. Citations for any of the following violations issued 14 using an automated or remote system for traffic law enforcement 15 are void and unenforceable: 16 a. Violations for exceeding the speed limit by less 17 than twenty miles per hour after such violations become 18 unenforceable pursuant to subsection 3. 19 b. Violations identified through the use of an automated 20 or remote system for traffic law enforcement that has not been 21 examined and calibrated as required under subsection 4. 22 6. For purposes of this section, “automated or remote system 23 for traffic law enforcement” means a camera or other optical 24 device designed to work in conjunction with an official traffic 25 control signal or speed measuring device to identify motor 26 vehicles operating in violation of traffic laws, the use of 27 which results in the issuance of citations sent through the 28 mail or by electronic means. 29 7. Subsections 3, 4, and 5 do not apply to local authorities 30 with a population of more than twelve thousand, according to 31 the most recent federal decennial census. 32 Sec. 2. APPLICABILITY. 33 1. Except as provided in subsection 2, this Act applies to 34 automated or remote systems for traffic law enforcement on and 35 -2- LSB 5449SV (2) 89 th/ns 2/ 4

S.F. 2352 after July 1, 2022. 1 2. Section 321.492C, subsections 1 and 2, as enacted in this 2 Act, do not apply to automated or remote systems for traffic 3 law enforcement installed and in operation prior to July 1, 4 2022, until January 1, 2023. For purposes of this Act, January 5 1, 2023, shall be considered the implementation date of such a 6 system. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill regulates the implementation and use of automated 11 or remote systems for traffic law enforcement (ATE systems). 12 STATE AND LOCAL AUTHORITIES. The bill requires that, prior 13 to implementing an ATE system, the state or a local authority 14 must produce and retain data that establishes the need for 15 an ATE system to improve safety and implement at least one 16 alternative measure to improve safety at the specific location 17 where the ATE system will be used. An alternative measure must 18 be in place for at least six months prior to implementation of 19 the ATE system. The state or local authority must also hold no 20 fewer than two public hearings to discuss the data and whether 21 an ATE system is necessary when compared to the ability of 22 alternative measures to improve safety. The state or local 23 authority must make available to any person upon request the 24 data and details of alternative measures required under the 25 bill. 26 The bill makes any citation resulting from an interaction 27 with an ATE system operated in violation of these provisions of 28 the bill void and unenforceable. 29 LOCAL AUTHORITIES. The bill prohibits a local authority 30 from enforcing violations for exceeding the speed limit by 31 less than 20 miles per hour identified through the use of an 32 ATE system if the moneys collected from citations issued from 33 all of the local authority’s ATE systems equal or exceed 250 34 percent of the municipal infraction and scheduled fine revenue 35 -3- LSB 5449SV (2) 89 th/ns 3/ 4

S.F. 2352 collected by the local authority in the previous fiscal year 1 from traffic citations issued by the local authority’s peace 2 officers or other officials. Under the bill, a violation for 3 exceeding the speed limit by 20 miles per hour or more is 4 always enforceable regardless of whether it is identified by 5 an ATE system. 6 The bill requires a local authority to have its ATE systems 7 examined and calibrated by a qualified person at least every 8 three months. 9 Citations issued by a local authority using an ATE system 10 are void and unenforceable if the violation is for exceeding 11 a speed limit by less than 20 miles per hour and the revenue 12 threshold has been met, or if the ATE system has not been 13 examined and calibrated as required under the bill. 14 These provisions of the bill apply only to local authorities 15 with a population of 12,000 or less, according to the most 16 recent federal decennial census. 17 APPLICABILITY. The bill generally applies to ATE systems on 18 and after July 1, 2022. The provisions of the bill relating to 19 implementation of an ATE system do not apply to an ATE system 20 installed and in operation prior to July 1, 2022, until January 21 1, 2023. January 1, 2023, is considered the implementation 22 date for such ATE systems. 23 -4- LSB 5449SV (2) 89 th/ns 4/ 4