SF 2352 (LSB 5449SV (2) 89)

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 enforcement, including by requiring data and alternative measures prior to implementation of such systems and by regulating the use and calibration of certain systems, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.492C  Automated or remote systems for traffic law enforcement —— data and alternative measures required —— excessive speed violations limited —— calibration required.
   1.  The state or a local authority shall do all of the following prior to implementing an automated or remote system for traffic law enforcement at any location:
   a.  Produce and retain data that establishes the need for an automated or remote system for traffic law enforcement to improve safety at the specific location where the system will be used.
   b.  Implement at least one alternative measure to improve safety at the specific location where the system will be used, for at least six months prior to implementation of the system.
   c.  Hold no fewer than two public hearings to discuss the data and whether an automated or remote system for traffic law enforcement is necessary when compared to the ability of alternative measures to improve safety. Notice of the date, time, and location of the hearing shall be published in the manner described in section 331.305 or 362.3, as applicable.
   2.  a.  The state or a local authority, as applicable, shall make available to any person upon request the data and details of alternative measures required by subsection 1.
   b.  If the required data does not establish the need for an automated or remote system for traffic law enforcement to improve safety, or if the state or local authority did not implement at least one alternative measure to improve safety, as required by subsection 1, the automated or remote system for traffic law enforcement shall be considered to be operating in violation of subsection 1. Any citation resulting from an interaction with an automated or remote system for traffic law enforcement operated in violation of subsection 1 is void and unenforceable.
   3.  A local authority shall not enforce a violation for exceeding the speed limit by less than twenty miles per hour identified through the use of an automated or remote system for traffic law enforcement if the moneys collected from citations issued from all of the local authority’s automated or remote systems for traffic law enforcement during the fiscal year in which the violation occurs equal or exceed two hundred fifty percent of the municipal infraction revenue and scheduled fine revenue collected by the local authority pursuant to section 602.8106, or any other provision of law, in the previous fiscal year from traffic citations issued by the local authority’s peace officers or other officials.
   4.  A local authority shall have its automated or remote systems for traffic law enforcement examined and calibrated by a qualified person at least every three months.
   5.  Citations for any of the following violations issued using an automated or remote system for traffic law enforcement are void and unenforceable:
   a.  Violations for exceeding the speed limit by less than twenty miles per hour after such violations become unenforceable pursuant to subsection 3.
   b.  Violations identified through the use of an automated or remote system for traffic law enforcement that has not been examined and calibrated as required under subsection 4.
   6.  For purposes of this section, “automated or remote system for traffic law enforcement” means a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to identify motor vehicles operating in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.
   7.  Subsections 3, 4, and 5 do not apply to local authorities with a population of more than twelve thousand, according to the most recent federal decennial census.
    Sec. 2.  APPLICABILITY.
   1.  Except as provided in subsection 2, this Act applies to automated or remote systems for traffic law enforcement on and after July 1, 2022.
   2.  Section 321.492C, subsections 1 and 2, as enacted in this Act, do not apply to automated or remote systems for traffic law enforcement installed and in operation prior to July 1, 2022, until January 1, 2023. For purposes of this Act, January 1, 2023, shall be considered the implementation date of such a system.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill regulates the implementation and use of automated or remote systems for traffic law enforcement (ATE systems).
   STATE AND LOCAL AUTHORITIES. The bill requires that, prior to implementing an ATE system, the state or a local authority must produce and retain data that establishes the need for an ATE system to improve safety and implement at least one alternative measure to improve safety at the specific location where the ATE system will be used. An alternative measure must be in place for at least six months prior to implementation of the ATE system. The state or local authority must also hold no fewer than two public hearings to discuss the data and whether an ATE system is necessary when compared to the ability of alternative measures to improve safety. The state or local authority must make available to any person upon request the data and details of alternative measures required under the bill.
   The bill makes any citation resulting from an interaction with an ATE system operated in violation of these provisions of the bill void and unenforceable.
   LOCAL AUTHORITIES. The bill prohibits a local authority from enforcing violations for exceeding the speed limit by less than 20 miles per hour identified through the use of an ATE system if the moneys collected from citations issued from all of the local authority’s ATE systems equal or exceed 250 percent of the municipal infraction and scheduled fine revenue collected by the local authority in the previous fiscal year from traffic citations issued by the local authority’s peace officers or other officials. Under the bill, a violation for exceeding the speed limit by 20 miles per hour or more is always enforceable regardless of whether it is identified by an ATE system.
   The bill requires a local authority to have its ATE systems examined and calibrated by a qualified person at least every three months.
   Citations issued by a local authority using an ATE system are void and unenforceable if the violation is for exceeding a speed limit by less than 20 miles per hour and the revenue threshold has been met, or if the ATE system has not been examined and calibrated as required under the bill.
   These provisions of the bill apply only to local authorities with a population of 12,000 or less, according to the most recent federal decennial census.
   APPLICABILITY. The bill generally applies to ATE systems on and after July 1, 2022. The provisions of the bill relating to implementation of an ATE system do not apply to an ATE system installed and in operation prior to July 1, 2022, until January 1, 2023. January 1, 2023, is considered the implementation date for such ATE systems.