Senate
Study
Bill
3012
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
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
and
requiring
the
removal
of
existing
3
systems,
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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89
th/ns
S.F.
_____
Section
1.
NEW
SECTION
.
321.492C
Use
of
automated
or
remote
1
systems
for
traffic
law
enforcement
prohibited
——
sharing
related
2
information
prohibited.
3
1.
The
state
or
a
local
authority
shall
not
place
or
cause
4
to
be
placed
on
or
adjacent
to
a
highway,
or
maintain
or
employ
5
the
use
of,
any
automated
or
remote
system
for
traffic
law
6
enforcement.
7
2.
The
department
of
transportation
and
the
department
of
8
public
safety
shall
not
share
or
provide
information
used
to
9
impose
or
collect
a
civil
penalty
that
results
from
a
violation
10
captured
by
an
automated
or
remote
system
for
traffic
law
11
enforcement
through
any
existing
interstate
compact
that
does
12
not
specifically
allow
or
require
information
to
be
shared
or
13
provided
for
that
explicit
purpose.
14
3.
For
purposes
of
this
section,
“automated
or
remote
system
15
for
traffic
law
enforcement”
means
a
camera
or
other
optical
16
device
designed
to
work
in
conjunction
with
an
official
traffic
17
control
signal
or
speed
measuring
device
to
identify
motor
18
vehicles
operating
in
violation
of
traffic
laws,
the
use
of
19
which
results
in
the
issuance
of
citations
sent
through
the
20
mail
or
by
electronic
means.
21
Sec.
2.
REMOVAL
OF
AUTOMATED
OR
REMOTE
SYSTEMS
FOR
TRAFFIC
22
LAW
ENFORCEMENT
——
VALIDITY
OF
PRIOR
CITATIONS.
Prior
to
July
23
1,
2022,
a
local
authority
using
an
automated
or
remote
system
24
for
traffic
law
enforcement
shall
discontinue
using
the
system
25
and
remove
the
system
equipment.
On
and
after
July
1,
2022,
26
all
local
ordinances
authorizing
the
use
of
automated
or
remote
27
systems
for
traffic
law
enforcement
are
void.
However,
any
28
citation
issued
or
mailed
pursuant
to
such
an
ordinance
prior
29
to
July
1,
2022,
shall
not
be
invalidated
by
the
enactment
of
30
this
Act
and
shall
be
processed
according
to
the
provisions
of
31
law
under
which
the
citation
was
authorized.
32
Sec.
3.
EFFECTIVE
DATE.
The
section
of
this
Act
relating
33
to
the
removal
of
automated
or
remote
systems
for
traffic
law
34
enforcement
and
the
validity
of
prior
citations,
being
deemed
35
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_____
of
immediate
importance,
takes
effect
upon
enactment.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
prohibits
the
state
or
a
local
authority
from
5
placing
or
causing
to
be
placed
on
or
adjacent
to
a
highway,
or
6
maintaining
or
employing
the
use
of,
any
automated
or
remote
7
system
for
traffic
law
enforcement
(ATE
system).
8
The
bill
prohibits
the
department
of
transportation
and
the
9
department
of
public
safety
from
providing
information
used
to
10
impose
or
collect
a
civil
penalty
that
results
from
a
violation
11
captured
by
an
ATE
system
through
an
existing
interstate
12
compact
agreement
unless
the
agreement
specifically
allows
or
13
requires
that
information
to
be
shared
or
provided
for
that
14
specific
purpose.
15
The
bill
defines
“automated
or
remote
system
for
traffic
law
16
enforcement”
to
mean
a
camera
or
other
optical
device
designed
17
to
work
in
conjunction
with
an
official
traffic
control
signal
18
or
speed
measuring
device
to
identify
motor
vehicles
operating
19
in
violation
of
traffic
laws,
the
use
of
which
results
in
the
20
issuance
of
citations
sent
through
the
mail
or
by
electronic
21
means.
22
The
bill
requires
that
prior
to
July
1,
2022,
a
local
23
authority
using
an
ATE
system
must
discontinue
using
the
system
24
and
remove
the
system
equipment.
On
and
after
July
1,
2022,
25
all
local
ordinances
authorizing
the
use
of
ATE
systems
are
26
void.
However,
the
bill
provides
that
any
citation
issued
or
27
mailed
pursuant
to
such
an
ordinance
prior
to
July
1,
2022,
is
28
not
invalidated
by
the
bill
and
must
be
processed
according
to
29
the
provisions
of
law
under
which
the
citation
was
authorized.
30
This
provision
of
the
bill
takes
effect
upon
enactment.
31
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