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
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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
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(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-
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(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
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90
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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
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90
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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
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16
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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