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
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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
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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
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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.
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