Senate File 516 - Introduced SENATE FILE 516 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1176) A BILL FOR An Act prohibiting the use of automated or remote systems for 1 traffic law enforcement, including prohibiting the sharing 2 of related information, requiring the removal of existing 3 systems, and providing exceptions, and including effective 4 date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1651SV (1) 89 th/ns
S.F. 516 Section 1. NEW SECTION . 321.492C Use of automated or remote 1 systems for traffic law enforcement prohibited —— exceptions —— 2 sharing related information prohibited. 3 1. a. The state or a political subdivision of the state 4 shall not place or cause to be placed on or adjacent to a 5 highway, or maintain or employ the use of, any automated or 6 remote system for traffic law enforcement. 7 b. Paragraph “a” does not apply to a segment of an 8 interstate road along or reasonably preceding or succeeding 9 an elevated portion of the road with two adjacent, or nearly 10 so, circular curves with deflections in opposite directions 11 located in a city having a population of between one hundred 12 twenty thousand and one hundred thirty thousand based on the 13 2010 federal decennial census. 14 2. The department of transportation and the department of 15 public safety shall not share or provide information used to 16 impose or collect a civil penalty that results from a violation 17 captured by an automated or remote system for traffic law 18 enforcement through any existing interstate compact that does 19 not specifically allow or require information to be shared or 20 provided for that explicit purpose. 21 3. For purposes of this section, “automated or remote system 22 for traffic law enforcement” means a camera or other optical 23 device designed to work in conjunction with an official traffic 24 control signal or speed measuring device to identify motor 25 vehicles operating in violation of traffic laws, the use of 26 which results in the issuance of citations sent through the 27 mail or by electronic means. 28 Sec. 2. REMOVAL OF AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC 29 LAW ENFORCEMENT —— VALIDITY OF PRIOR NOTICES AND CITATIONS. 30 1. Prior to July 1, 2021, a local authority using an 31 automated or remote system for traffic law enforcement shall 32 discontinue using the system and remove the system equipment. 33 Effective July 1, 2021, all local ordinances authorizing the 34 use of automated or remote systems for traffic law enforcement 35 -1- LSB 1651SV (1) 89 th/ns 1/ 3
S.F. 516 are void. However, any citation issued or mailed pursuant 1 to such an ordinance prior to July 1, 2021, shall not be 2 invalidated by the enactment of this Act and shall be processed 3 according to the provisions of law under which the citation was 4 authorized. 5 2. Subsection 1 does not apply to automated or remote 6 systems for traffic law enforcement located as described in 7 section 321.492C, subsection 1, paragraph “b” , as enacted in 8 this Act, or to any associated ordinance or citation. 9 Sec. 3. EFFECTIVE DATE. The section of this Act relating 10 to the removal of automated or remote systems for traffic law 11 enforcement and the validity of prior citations, being deemed 12 of immediate importance, takes effect upon enactment. 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 prohibits the state or a political subdivision of 17 the state from placing or causing to be placed on or adjacent 18 to a highway, or maintaining or employing the use of, any 19 automated or remote system for traffic law enforcement (ATE 20 system). This prohibition does not apply to a segment of an 21 interstate road along or reasonably preceding or succeeding an 22 elevated portion of the road with two adjacent circular curves 23 with deflections in opposite directions located in a city 24 having a population of between 120,000 and 130,000 based on the 25 2010 federal decennial census. 26 The bill prohibits the department of transportation and the 27 department of public safety from providing information used to 28 impose or collect a civil penalty that results from a violation 29 captured by an ATE system through an existing interstate 30 compact agreement unless the agreement specifically allows or 31 requires that information to be shared or provided for that 32 specific purpose. The bill does not provide an exception to 33 this provision. 34 The bill defines “automated or remote system for traffic law 35 -2- LSB 1651SV (1) 89 th/ns 2/ 3
S.F. 516 enforcement” to mean a camera or other optical device designed 1 to work in conjunction with an official traffic control signal 2 or speed measuring device to identify motor vehicles operating 3 in violation of traffic laws, the use of which results in the 4 issuance of citations sent through the mail or by electronic 5 means. 6 The bill requires that prior to July 1, 2021, a local 7 authority using an ATE system must discontinue using the system 8 and remove the system equipment. Effective July 1, 2021, all 9 local ordinances authorizing the use of ATE systems are void. 10 However, the bill provides that any citation issued or mailed 11 pursuant to such an ordinance prior to July 1, 2021, is not 12 invalidated by the bill and must be processed according to the 13 provisions of law under which the citation was authorized. 14 This provision of the bill does not apply to ATE systems 15 exempted from the prohibition, or to any associated ordinance 16 or citation. This provision of the bill takes effect upon 17 enactment. 18 -3- LSB 1651SV (1) 89 th/ns 3/ 3