Senate File 2408 - Introduced SENATE FILE 2408 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 489) (SUCCESSOR TO SSB 1180) A BILL FOR An Act relating to automated traffic systems, including for 1 traffic law enforcement and for capture of registration 2 plate images, providing for the use of associated revenue 3 for length of service award programs, making appropriations, 4 providing penalties, and including effective date 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2506SZ (2) 90 th/ns
S.F. 2408 DIVISION I 1 AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT —— 2 AUTOMATIC REGISTRATION PLATE READERS 3 Section 1. NEW SECTION . 321P.1 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Automated or remote system for traffic law enforcement” 7 or “system” means a camera or other optical device designed to 8 work in conjunction with an official traffic control signal or 9 speed measuring device to detect motor vehicles being operated 10 in violation of traffic laws, the use of which results in the 11 issuance of citations sent through the mail or by electronic 12 means. 13 2. “Critical traffic safety issues” include traffic 14 violations resulting in a traffic collision or accident and 15 traffic collisions and accidents resulting in serious injury or 16 death occurring at a location. 17 3. “Department” means the state department of 18 transportation. 19 4. “Local authority” means a county or municipality 20 having authority to adopt local police regulations under the 21 Constitution of the State of Iowa and laws of this state. 22 Sec. 2. NEW SECTION . 321P.2 Permit required —— local 23 ordinances. 24 1. A person shall not use an automated or remote system 25 for traffic law enforcement unless authorized under this 26 chapter. A local authority shall not adopt, enforce, or 27 otherwise administer an ordinance authorizing the use of a 28 system, and shall not use a system, unless the local authority 29 holds a valid permit to use a system at the system’s location. 30 Notwithstanding section 331.302, subsection 6, and section 31 380.3, the governing body of a local authority that is 32 considering an ordinance to authorize or implement traffic law 33 enforcement by automated or remote systems shall not suspend 34 the requirements of section 331.302, subsection 6, or section 35 -1- LSB 2506SZ (2) 90 th/ns 1/ 16
S.F. 2408 380.3, as applicable. 1 2. A local authority may apply for a permit by submitting 2 an application to the department in a manner determined by 3 the department. The department may approve or disapprove 4 the application for a permit based on the department’s 5 determination that a system is appropriate and necessary and 6 the least restrictive means to address the critical traffic 7 safety issues at a location. The department shall only issue 8 one permit for a local authority, which shall set forth all 9 locations at which a local authority is authorized to use a 10 system. A local authority may submit an application to the 11 department to update the local authority’s permit with a new 12 location in the same manner and with the same information as 13 required for the initial permit. An application for a permit 14 must contain all of the following for a location at which the 15 local authority intends to operate a system: 16 a. Records detailing the number and description of traffic 17 violations at the location, which shall be compiled and 18 maintained by the local authority for at least one year prior 19 to the installation of the system and for each year the system 20 is in operation. The records shall be considered public 21 records for purposes of chapter 22. 22 b. Records detailing the number and severity of traffic 23 collisions and accidents occurring at the location. 24 c. An analysis of existing traffic speed data, posted speed 25 limits, traffic volume data, and intersection and roadway 26 measurements of the location. The analysis must demonstrate 27 to the department that existing speed restrictions and traffic 28 control signal timing are appropriate and must describe how 29 the speed restrictions and traffic control signal timing were 30 established. 31 d. The proposed cause of critical traffic safety issues at 32 the location. 33 e. Alternative methods to improve traffic safety at the 34 location that the local authority has implemented or has 35 -2- LSB 2506SZ (2) 90 th/ns 2/ 16
S.F. 2408 considered but declined to implement. Alternative methods 1 to improve traffic safety may include but are not limited to 2 changes relating to law enforcement practices, roadway or 3 intersection design, traffic control devices used, and public 4 education campaigns. 5 f. Details of discussions, if any, held with an entity that 6 has resources which may aid the reduction of traffic collisions 7 and accidents caused at the location by failure to obey speed 8 restrictions or traffic control signals and subsequent actions 9 taken by the local authority. 10 g. An explanation detailing the reasons that the use of a 11 system at the location is appropriate and necessary and the 12 least restrictive means to address the critical traffic safety 13 issues. 14 Sec. 3. NEW SECTION . 321P.3 Use limited. 15 1. A local authority shall not use an automated or remote 16 system for traffic law enforcement to issue a citation for 17 a traffic violation unless the violation is for any of the 18 following: 19 a. Failure to yield or stop at an intersection controlled by 20 a traffic control signal. 21 b. Failure to yield or stop at a railroad crossing. 22 c. Exceeding the speed limit by more than ten miles per 23 hour. 24 2. A local authority with a population of twenty thousand or 25 less based on the most recent federal decennial census shall 26 not use a mobile system to issue a citation for a traffic 27 violation. The department shall adopt rules pursuant to 28 chapter 17A otherwise authorizing and regulating the operation 29 of mobile systems, taking into consideration a mobile system’s 30 mobility, flexible usage, and the needs of a local authority to 31 control traffic speed to address critical traffic safety issues 32 at a location. However, the rules shall not authorize the use 33 of a mobile system other than in neighborhoods, construction 34 zones, school zones, including collegiate zones, and locations 35 -3- LSB 2506SZ (2) 90 th/ns 3/ 16
S.F. 2408 where traffic enforcement is difficult or dangerous to enforce 1 by alternative methods. 2 3. A local authority, regardless of its population, may 3 issue a warning memorandum to the owner of a vehicle that was 4 operated in violation of a traffic law if the violation was 5 detected by an automated or remote system for traffic law 6 enforcement, including a mobile system. 7 Sec. 4. NEW SECTION . 321P.4 Automatic registration plate 8 readers —— data retention limited. 9 1. The operator of an automatic registration plate reader 10 or any associated data storage device shall permanently delete 11 from the plate reader and storage device, as applicable, every 12 image of a vehicle registration plate captured by the plate 13 reader, and any other accompanying data, no later than thirty 14 days after the image was captured. 15 2. Prior to deletion under subsection 1, an image of 16 a vehicle registration plate captured by an automatic 17 registration plate reader, and any other accompanying data, 18 may be copied and stored by a law enforcement agency if the 19 image and data are relevant to an ongoing criminal case or 20 investigation. The law enforcement agency shall maintain 21 the copied registration plate image and accompanying data in 22 accordance with the agency’s evidence retention policies. 23 Copies maintained by the law enforcement agency are not subject 24 to subsection 1. 25 3. For purposes of this section, “automatic registration 26 plate reader” or “plate reader” means a camera or other optical 27 device designed or programmed to automatically detect a 28 vehicle’s registration plate, or to automatically capture 29 or store an image of a vehicle’s registration plate and any 30 accompanying data. 31 4. A person who violates subsection 1 commits a simple 32 misdemeanor. 33 Sec. 5. NEW SECTION . 321P.5 Notice —— signage and reports. 34 1. a. A local authority shall not operate an automated or 35 -4- LSB 2506SZ (2) 90 th/ns 4/ 16
S.F. 2408 remote system for traffic law enforcement at a fixed location 1 unless permanent signs meeting the requirements as specified in 2 the department manual on uniform traffic-control devices and 3 giving notice of the system are erected at least five hundred 4 feet but not more than one thousand feet along the approach of 5 the highway where the system is used. 6 b. A local authority shall not operate a mobile automated 7 or remote system for traffic law enforcement unless permanent 8 signs meeting the requirements as specified in the department 9 manual on uniform traffic-control devices and giving notice 10 of the local authority’s use of a mobile system within the 11 boundaries of the local authority are posted at every location 12 where a highway enters the boundaries of the local authority. 13 c. Signs required under this subsection shall be erected 14 by the local authority at the local authority’s expense at 15 least thirty days prior to a system enforcing any detected 16 violations. 17 2. A local authority using a system shall submit to the 18 department an annual report by March 1 of each year detailing 19 the number of traffic collisions and accidents that occurred at 20 each location where a system is in use, the number of citations 21 issued for each system during the previous calendar year, and 22 any other relevant information about the systems that the local 23 authority deems appropriate. The local authority shall post 24 the report on the local authority’s internet site, if the local 25 authority has an internet site. 26 Sec. 6. NEW SECTION . 321P.6 Enforcement. 27 1. A local authority shall not issue a citation or warning 28 memorandum for a violation detected by a system until a peace 29 officer of the local authority, or an individual trained and 30 certified by the local authority, has reviewed and approved 31 the recorded photograph or video to affirm a traffic violation 32 occurred. 33 2. a. For a violation other than an excessive speed 34 violation, the amount of the fine imposed by a citation 35 -5- LSB 2506SZ (2) 90 th/ns 5/ 16
S.F. 2408 resulting from a violation detected by a system shall not 1 exceed the amount of the scheduled fine for the violation under 2 section 805.8A. 3 b. For an excessive speed violation detected by a system 4 other than as provided in paragraph “c” , the fine shall not 5 exceed the following amounts: 6 (1) Seventy-five dollars for speed greater than ten miles 7 per hour in excess of the limit but not more than twenty miles 8 per hour in excess of the limit. 9 (2) One hundred dollars for speed greater than twenty miles 10 per hour in excess of the limit but not more than twenty-five 11 miles per hour in excess of the limit. 12 (3) Two hundred fifty dollars for speed greater than 13 twenty-five miles per hour in excess of the limit but not more 14 than thirty miles per hour in excess of the limit. 15 (4) Five hundred dollars for speed greater than thirty miles 16 per hour in excess of the limit. 17 c. For an excessive speed violation detected by a system in 18 a road work zone, as defined in section 321.1, the fine shall 19 not exceed the following amounts: 20 (1) One hundred fifty dollars for speed greater than ten 21 miles per hour in excess of the limit but not more than twenty 22 miles per hour in excess of the limit. 23 (2) Two hundred dollars for speed greater than twenty miles 24 per hour in excess of the limit but not more than twenty-five 25 miles per hour in excess of the limit. 26 (3) Five hundred dollars for speed greater than twenty-five 27 miles per hour in excess of the limit but not more than thirty 28 miles per hour in excess of the limit. 29 (4) One thousand dollars for speed greater than thirty miles 30 per hour in excess of the limit. 31 3. A system not in compliance with this chapter shall not 32 be used to detect violations. A citation issued while the 33 system is not in compliance with this chapter is void and 34 unenforceable. 35 -6- LSB 2506SZ (2) 90 th/ns 6/ 16
S.F. 2408 4. A violation detected by an automated or remote system 1 for traffic law enforcement is a civil infraction. Such 2 a violation shall not be considered by the department of 3 transportation for purposes of driver’s license sanctions, 4 and shall not be considered by an insurer for purposes of a 5 person’s automobile insurance rates. The fine associated with 6 a citation issued by a local authority as the result of the use 7 of a system must be a civil penalty. 8 Sec. 7. NEW SECTION . 321P.7 Liability for violations 9 detected. 10 1. A citation for a violation detected by an automated or 11 remote system for traffic law enforcement shall be issued to 12 the owner of the identified motor vehicle. 13 2. a. Notwithstanding subsection 1, a local authority shall 14 provide the owner of a motor vehicle who receives a citation 15 for a violation detected by a system with an opportunity 16 to submit evidence that the owner was not operating the 17 motor vehicle at the time of the violation. As part of the 18 proceeding, the owner shall provide the name and address of the 19 person who was operating the motor vehicle at the time of the 20 violation. 21 b. Notwithstanding subsection 1, a citation issued to the 22 owner of a motor vehicle may be amended and issued to the 23 person identified under paragraph “a” who was operating the 24 motor vehicle. 25 3. For purposes of this section, “owner” means a person 26 who holds the legal title to a motor vehicle. However, if the 27 motor vehicle is the subject of a security agreement with a 28 right of possession in the debtor, the debtor is deemed the 29 owner for purposes of this section, or if the motor vehicle is 30 leased as defined in section 321.493, the lessee is deemed the 31 owner for purposes of this section. 32 Sec. 8. NEW SECTION . 321P.8 Revenue —— disbursement and 33 retention. 34 1. A local authority that operates an automated or remote 35 -7- LSB 2506SZ (2) 90 th/ns 7/ 16
S.F. 2408 system for traffic law enforcement under this chapter shall 1 remit all of the following amounts received as a result of the 2 use of the system, not including the cost to install, operate, 3 and maintain the system, monthly to the treasurer of state: 4 a. Ten percent of the moneys shall be deposited in the 5 length of service award program grant fund created in section 6 100B.52. 7 b. Five percent of the moneys shall be deposited in the 8 general fund of the state and are appropriated to the Iowa law 9 enforcement academy established under chapter 80B to provide 10 training, certification, and recertification of officers. 11 2. A local authority shall not use the remaining moneys 12 retained by the local authority under subsection 1 other than 13 for any of the following purposes: 14 a. To fund transportation infrastructure improvement 15 projects. 16 b. To offset costs incurred relating to the operation of a 17 police department or fire department. 18 Sec. 9. NEW SECTION . 321P.9 Installation and maintenance. 19 1. A local authority shall install a system in a manner that 20 minimizes the effect of camera flash on drivers, if a camera 21 flash is used. 22 2. An automated or remote system for traffic law enforcement 23 must only record a photograph or video of the rear of a vehicle 24 and the vehicle’s registration plate while the vehicle is used 25 to commit an alleged traffic violation. A local authority 26 shall not install a system such that the system’s camera is 27 placed to capture the front of a motor vehicle or the face of 28 any person in the vehicle being recorded. In accordance with 29 section 321P.6, subsection 3, a citation issued by a system 30 that captures the front of a motor vehicle or the face of any 31 person in the vehicle is void and unenforceable. 32 3. A system must verify its internal calibrations daily, and 33 a person trained in the calibration of the system shall conduct 34 a monthly calibration. 35 -8- LSB 2506SZ (2) 90 th/ns 8/ 16
S.F. 2408 4. A local authority operating a system shall maintain 1 a monthly log detailing whether a person trained in the 2 calibration of the system successfully performed the monthly 3 calibrations and whether the system successfully performed the 4 daily internal calibrations. 5 5. The log and documentation of the calibrations required 6 under this section are admissible in any court proceeding 7 relating to a violation detected by the system. 8 6. If a daily or monthly calibration is not successfully 9 performed, the system shall not operate until a successful 10 calibration is subsequently performed. 11 DIVISION II 12 EXISTING SYSTEMS 13 Sec. 10. EXISTING SYSTEMS. 14 1. A local authority using an automated or remote system for 15 traffic law enforcement prior to January 1, 2024, may submit 16 to the department of transportation by July 1, 2024, a list 17 of system locations and justifications for placement and use 18 of the systems at the locations in conformance with section 19 321P.2, as enacted by this Act, to the extent practicable, 20 as determined by the department. The department shall, by 21 October 1, 2024, issue a permit as provided in section 321P.2, 22 as enacted by this Act, to a local authority that provided 23 valid submissions in accordance with this subsection. A local 24 authority using a system prior to January 1, 2024, may continue 25 to use the system in the same manner and at the same locations 26 as the system was used on or before January 1, 2024, during 27 the period of time between the local authority’s submission to 28 the department and the date the department issues the permit 29 to the local authority, unless the system is a mobile system 30 prohibited under section 321P.3, as enacted by this Act. If, 31 on October 1, 2024, a local authority has not been issued a 32 permit by the department as a result of a submission that was 33 not timely filed, or due to a timely filed submission that did 34 not otherwise comply with this subsection, the local authority 35 -9- LSB 2506SZ (2) 90 th/ns 9/ 16
S.F. 2408 shall cease using all systems until the local authority obtains 1 a permit from the department pursuant to section 321P.2, as 2 enacted by this Act. 3 2. A local authority using an automated or remote system 4 for traffic law enforcement at a location for the first time 5 on or after January 1, 2024, shall not be issued a permit by 6 the department of transportation pursuant to section 321P.2, as 7 enacted by this Act, before July 1, 2026. 8 Sec. 11. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 DIVISION III 11 LENGTH OF SERVICE AWARD PROGRAMS 12 Sec. 12. NEW SECTION . 100B.51 Length of service award 13 programs —— authorization. 14 The governing body of a municipality, as defined in section 15 100B.21, is authorized to establish a length of service award 16 program for volunteer fire fighters as defined in section 17 85.61, emergency medical care providers as defined in section 18 147A.1 who are volunteers, and reserve peace officers as 19 defined in section 80D.1A. The program shall provide length 20 of service awards, as described in section 457(e)(11) of the 21 Internal Revenue Code, to volunteer fire fighters, volunteer 22 emergency medical care providers, and reserve peace officers 23 serving a municipality that elects to establish a program. The 24 program shall be designed to treat awards from the program as 25 a tax-deferred benefit under the Internal Revenue Code. The 26 governing body of the municipality shall, in consultation with 27 the chief or other person in command of the fire department 28 and police department serving the municipality, as applicable, 29 adopt guidelines providing for eligibility requirements for 30 participation by volunteer fire fighters, volunteer emergency 31 medical care providers, and reserve peace officers, minimum 32 vesting requirements, distribution requirements, and such other 33 guidelines as deemed necessary to operate the program. 34 Sec. 13. NEW SECTION . 100B.52 Length of service award 35 -10- LSB 2506SZ (2) 90 th/ns 10/ 16
S.F. 2408 program grant fund —— appropriation. 1 1. A length of service award program grant fund is created 2 in the state treasury under the control of the department of 3 revenue. The fund shall consist of all moneys appropriated to 4 the fund. 5 2. Moneys in the length of service award program grant fund 6 are appropriated to the department of revenue for the purpose 7 of providing grants to municipalities that have established 8 a length of service award program as described in section 9 100B.51 to provide contributions to the program on behalf 10 of participants in the program. The department of revenue 11 shall adopt rules pursuant to chapter 17A establishing a grant 12 application process. The grant process must provide for up 13 to a dollar-for-dollar funding match from a municipality that 14 has established a length of service award program. The grant 15 process must allow a municipality to use moneys received to 16 fund the program from gifts, devises, bequests, or any other 17 source for purposes of providing the funding match required by 18 this subsection. 19 3. Notwithstanding section 12C.7, subsection 2, interest or 20 earnings on moneys deposited in the fund shall be credited to 21 the fund. Notwithstanding section 8.33, moneys credited to the 22 fund shall not revert at the close of a fiscal year. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 AUTOMATED TRAFFIC SYSTEMS. This bill creates a new Code 27 chapter 321P which regulates the use of automated or remote 28 systems for traffic law enforcement (systems). A system is a 29 camera or other optical device designed to work in conjunction 30 with an official traffic control signal or speed measuring 31 device to detect motor vehicles being operated in violation 32 of traffic laws, the use of which results in the issuance of 33 citations sent through the mail or by electronic means. 34 The bill requires local authorities to hold a valid permit 35 -11- LSB 2506SZ (2) 90 th/ns 11/ 16
S.F. 2408 from the department of transportation (DOT) before using a 1 system or adopting, enforcing, or otherwise administering an 2 ordinance authorizing the use of a system. The bill prohibits 3 the governing body of a local authority that is considering an 4 ordinance to authorize or implement systems from suspending 5 the requirement to meet and vote twice on the ordinance before 6 final passage, as is allowed under current law. 7 A local authority may apply for a permit by submitting an 8 application to the DOT. The DOT may approve or disapprove the 9 application based on the DOT’s determination that a system 10 is appropriate and necessary and the least restrictive means 11 to address the critical traffic safety issues at a location. 12 The DOT must only approve one permit for a local authority, 13 which sets forth all locations at which a local authority is 14 authorized to use a system. A local authority may submit an 15 application to the DOT to update the local authority’s permit 16 with a new location. The bill lists the required information 17 to provide on an application for a permit, including but not 18 limited to records relating to traffic violations and traffic 19 collisions and accidents occurring at the location; an analysis 20 of existing traffic speed data, posted speed limits, traffic 21 volume data, and intersection and roadway measurements; 22 the proposed cause of critical traffic safety issues; and 23 alternative methods to improve traffic safety. 24 The bill requires an image of a registration plate, and 25 any related data, captured by an automatic registration plate 26 reader to be deleted from the reader, including storage devices 27 used in connection with the reader, no later than 30 days after 28 the image is captured. However, a law enforcement agency is 29 authorized to make a copy of the image and data if relevant to 30 an ongoing criminal case or investigation. The requirement 31 to delete the plate image and data does not apply to copies 32 retained by a law enforcement agency in accordance with the 33 agency’s evidence retention policy. A person who violates 34 these automatic registration plate reader requirements commits 35 -12- LSB 2506SZ (2) 90 th/ns 12/ 16
S.F. 2408 a simple misdemeanor. A simple misdemeanor is punishable by 1 confinement for no more than 30 days and a fine of at least $105 2 but not more than $855. 3 The bill limits the use of a system to issue citations only 4 for violations for failure to yield or stop at an intersection 5 controlled by a traffic control signal or at a railroad 6 crossing, or exceeding the speed limit by more than 10 miles 7 per hour (MPH). A local authority with a population of 20,000 8 or less cannot use a mobile system to issue citations. The 9 DOT must adopt administrative rules otherwise authorizing 10 and regulating the use of mobile systems, including the 11 use of mobile systems in certain locations. Regardless of 12 its population size, a local authority may issue a warning 13 memorandum to the owner of a vehicle that was operated in 14 violation of a traffic law if the violation was detected using 15 a system, including a mobile system. 16 The bill requires a local authority to provide certain 17 notice to drivers about the use of a system. Permanent signage 18 providing notice to drivers that a system is in place at a 19 fixed location must be erected at least 500 feet but not 20 more than 1,000 feet along the approach of any highway where 21 the system is used. If a mobile system is used, the local 22 authority must post permanent signs giving notice of the use 23 of mobile systems within the local authority’s boundaries at 24 every location where a highway enters the boundaries of the 25 local authority. The signs must be erected at the expense of 26 the local authority. Every location where an automated or 27 remote system is used must be clearly identified and installed 28 at least 30 days prior to the system enforcing any detected 29 violations. A local authority must provide an annual report 30 to the DOT about the local authority’s systems, and post the 31 report on the local authority’s internet site, if applicable. 32 A local authority is prohibited from issuing a citation 33 or warning memorandum for a violation detected by a system 34 until a peace officer of the local authority, or an individual 35 -13- LSB 2506SZ (2) 90 th/ns 13/ 16
S.F. 2408 trained and certified by the local authority, has reviewed 1 and approved the recorded photograph or video to affirm a 2 traffic violation occurred. The amount of the fine imposed by 3 a citation resulting from a violation, other than an excessive 4 speed violation, detected by a system is limited to the amount 5 of the scheduled fine for the same violation under Code section 6 805.8A. The maximum amount for a fine for an excessive speed 7 violation is set forth in the bill based on MPH in excess of the 8 limit, and is doubled if the violation occurs in a road work 9 zone. A system not in compliance with the bill cannot be used 10 to detect violations. A citation issued while the system is 11 not in compliance is void and unenforceable. 12 The bill requires system citations to be issued to the owner 13 of a motor vehicle, but also requires local authorities to 14 provide an opportunity for an owner to identify another person 15 who was operating the vehicle during the violation. 16 A local authority that collects revenue for traffic 17 violations detected by a system must remit certain percentages 18 of moneys received from the use of the system, not including 19 the cost to install, operate, and maintain the system, to the 20 treasurer of state: 10 percent is deposited in the length 21 of service award program fund established in the bill, and 5 22 percent is deposited in the general fund of the state to be 23 used by the Iowa law enforcement academy. A local authority 24 is prohibited from spending the moneys retained by the local 25 authority other than to fund transportation infrastructure 26 projects or to offset costs incurred relating to the operation 27 of a police or fire department. 28 The bill requires that systems be installed to avoid the 29 effect of camera flash on drivers and to prevent capturing 30 recordings of the front of the vehicle or persons in the 31 vehicle. The bill regulates the required system maintenance 32 and frequency of maintenance, including system compliance with 33 generally accepted procedures for the system, daily internal 34 calibrations, and monthly calibration by a person trained in 35 -14- LSB 2506SZ (2) 90 th/ns 14/ 16
S.F. 2408 the calibration of the system. The bill requires a local 1 authority to maintain a monthly log detailing the maintenance 2 and calibration records. 3 EXISTING SYSTEMS. The bill provides that a local authority 4 using a system prior to January 1, 2024, may submit to the DOT 5 by July 1, 2024, a list of system locations and justifications 6 for placement and use. The department must, by October 1, 7 2024, issue a permit to the local authority. A local authority 8 using a system prior to January 1, 2024, may continue to use 9 the system, unless it is a mobile system prohibited under 10 new Code section 321P.3, in the same manner and at the same 11 locations as the system was used while the DOT is considering 12 the local authority’s application. If, on October 1, 2024, 13 the local authority has not been issued a permit, the local 14 authority must cease using all systems until the local 15 authority obtains a permit under the bill. A local authority 16 using a system at a location for the first time on or after 17 January 1, 2024, shall not be issued a permit before July 1, 18 2026. These provisions of the bill take effect upon enactment. 19 LENGTH OF SERVICE AWARD PROGRAMS. The bill authorizes a 20 municipality, defined as a city, county, township, benefited 21 fire district, or agency authorized by law to provide emergency 22 response services, to establish a length of service award 23 program as described in the Internal Revenue Code for volunteer 24 fire fighters, volunteer emergency medical care providers, and 25 reserve peace officers. The governing body of a municipality 26 that establishes a program shall, in consultation with the 27 chief or other person in command of the fire department and 28 police department serving the municipality, as applicable, 29 adopt guidelines providing for eligibility requirements for 30 participation, minimum vesting requirements, distribution 31 requirements, and such other guidelines as deemed necessary to 32 operate the program. 33 The bill also establishes a length of service award program 34 grant fund under the control of the department of revenue. 35 -15- LSB 2506SZ (2) 90 th/ns 15/ 16
S.F. 2408 Moneys in the fund are appropriated to the department for 1 grants to municipalities that have established a length of 2 service award program to provide contributions to the program 3 on behalf of participants. The bill requires the department 4 to adopt rules establishing a grant application process that 5 shall provide for up to a dollar-for-dollar funding match from 6 a municipality that has established a length of service award 7 program. The bill also requires the grant process to allow 8 a municipality to use moneys received from any source for 9 purposes of providing the funding match required by the bill. 10 -16- LSB 2506SZ (2) 90 th/ns 16/ 16