SF 2408 (LSB 2506SZ (2) 90)

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 traffic law enforcement and for capture of registration plate images, providing for the use of associated revenue for length of service award programs, making appropriations, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT —— AUTOMATIC REGISTRATION PLATE READERS 

    Section 1.  NEW SECTION.  321P.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Automated or remote system for traffic law enforcement” or “system” means a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to detect motor vehicles being operated in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.
   2.  “Critical traffic safety issues” include traffic violations resulting in a traffic collision or accident and traffic collisions and accidents resulting in serious injury or death occurring at a location.
   3.  “Department” means the state department of transportation.
   4.  “Local authority” means a county or municipality having authority to adopt local police regulations under the Constitution of the State of Iowa and laws of this state.
    Sec. 2.  NEW SECTION.  321P.2  Permit required —— local ordinances.
   1.  A person shall not use an automated or remote system for traffic law enforcement unless authorized under this chapter. A local authority shall not adopt, enforce, or otherwise administer an ordinance authorizing the use of a system, and shall not use a system, unless the local authority holds a valid permit to use a system at the system’s location. Notwithstanding section 331.302, subsection 6, and section 380.3, the governing body of a local authority that is considering an ordinance to authorize or implement traffic law enforcement by automated or remote systems shall not suspend the requirements of section 331.302, subsection 6, or section 380.3, as applicable.
   2.  A local authority may apply for a permit by submitting an application to the department in a manner determined by the department. The department may approve or disapprove the application for a permit based on the department’s determination that a system is appropriate and necessary and the least restrictive means to address the critical traffic safety issues at a location. The department shall only issue one permit for a local authority, which shall set forth all locations at which a local authority is authorized to use a system. A local authority may submit an application to the department to update the local authority’s permit with a new location in the same manner and with the same information as required for the initial permit. An application for a permit must contain all of the following for a location at which the local authority intends to operate a system:
   a.  Records detailing the number and description of traffic violations at the location, which shall be compiled and maintained by the local authority for at least one year prior to the installation of the system and for each year the system is in operation. The records shall be considered public records for purposes of chapter 22.
   b.  Records detailing the number and severity of traffic collisions and accidents occurring at the location.
   c.  An analysis of existing traffic speed data, posted speed limits, traffic volume data, and intersection and roadway measurements of the location. The analysis must demonstrate to the department that existing speed restrictions and traffic control signal timing are appropriate and must describe how the speed restrictions and traffic control signal timing were established.
   d.  The proposed cause of critical traffic safety issues at the location.
   e.  Alternative methods to improve traffic safety at the location that the local authority has implemented or has considered but declined to implement. Alternative methods to improve traffic safety may include but are not limited to changes relating to law enforcement practices, roadway or intersection design, traffic control devices used, and public education campaigns.
   f.  Details of discussions, if any, held with an entity that has resources which may aid the reduction of traffic collisions and accidents caused at the location by failure to obey speed restrictions or traffic control signals and subsequent actions taken by the local authority.
   g.  An explanation detailing the reasons that the use of a system at the location is appropriate and necessary and the least restrictive means to address the critical traffic safety issues.
    Sec. 3.  NEW SECTION.  321P.3  Use limited.
   1.  A local authority shall not use an automated or remote system for traffic law enforcement to issue a citation for a traffic violation unless the violation is for any of the following:
   a.  Failure to yield or stop at an intersection controlled by a traffic control signal.
   b.  Failure to yield or stop at a railroad crossing.
   c.  Exceeding the speed limit by more than ten miles per hour.
   2.  A local authority with a population of twenty thousand or less based on the most recent federal decennial census shall not use a mobile system to issue a citation for a traffic violation. The department shall adopt rules pursuant to chapter 17A otherwise authorizing and regulating the operation of mobile systems, taking into consideration a mobile system’s mobility, flexible usage, and the needs of a local authority to control traffic speed to address critical traffic safety issues at a location. However, the rules shall not authorize the use of a mobile system other than in neighborhoods, construction zones, school zones, including collegiate zones, and locations where traffic enforcement is difficult or dangerous to enforce by alternative methods.
   3.  A local authority, regardless of its population, may issue a warning memorandum to the owner of a vehicle that was operated in violation of a traffic law if the violation was detected by an automated or remote system for traffic law enforcement, including a mobile system.
    Sec. 4.  NEW SECTION.  321P.4  Automatic registration plate readers —— data retention limited.
   1.  The operator of an automatic registration plate reader or any associated data storage device shall permanently delete from the plate reader and storage device, as applicable, every image of a vehicle registration plate captured by the plate reader, and any other accompanying data, no later than thirty days after the image was captured.
   2.  Prior to deletion under subsection 1, an image of a vehicle registration plate captured by an automatic registration plate reader, and any other accompanying data, may be copied and stored by a law enforcement agency if the image and data are relevant to an ongoing criminal case or investigation. The law enforcement agency shall maintain the copied registration plate image and accompanying data in accordance with the agency’s evidence retention policies. Copies maintained by the law enforcement agency are not subject to subsection 1.
   3.  For purposes of this section, “automatic registration plate reader” or “plate reader” means a camera or other optical device designed or programmed to automatically detect a vehicle’s registration plate, or to automatically capture or store an image of a vehicle’s registration plate and any accompanying data.
   4.  A person who violates subsection 1 commits a simple misdemeanor.
    Sec. 5.  NEW SECTION.  321P.5  Notice —— signage and reports.
   1.  a.  A local authority shall not operate an automated or remote system for traffic law enforcement at a fixed location unless permanent signs meeting the requirements as specified in the department manual on uniform traffic-control devices and giving notice of the system are erected at least five hundred feet but not more than one thousand feet along the approach of the highway where the system is used.
   b.  A local authority shall not operate a mobile automated or remote system for traffic law enforcement unless permanent signs meeting the requirements as specified in the department manual on uniform traffic-control devices and giving notice of the local authority’s use of a mobile system within the boundaries of the local authority are posted at every location where a highway enters the boundaries of the local authority.
   c.  Signs required under this subsection shall be erected by the local authority at the local authority’s expense at least thirty days prior to a system enforcing any detected violations. 
   2.  A local authority using a system shall submit to the department an annual report by March 1 of each year detailing the number of traffic collisions and accidents that occurred at each location where a system is in use, the number of citations issued for each system during the previous calendar year, and any other relevant information about the systems that the local authority deems appropriate. The local authority shall post the report on the local authority’s internet site, if the local authority has an internet site.
    Sec. 6.  NEW SECTION.  321P.6  Enforcement.
   1.  A local authority shall not issue a citation or warning memorandum for a violation detected by a system until a peace officer of the local authority, or an individual trained and certified by the local authority, has reviewed and approved the recorded photograph or video to affirm a traffic violation occurred.
   2.  a.  For a violation other than an excessive speed violation, the amount of the fine imposed by a citation resulting from a violation detected by a system shall not exceed the amount of the scheduled fine for the violation under section 805.8A.
   b.  For an excessive speed violation detected by a system other than as provided in paragraph “c”, the fine shall not exceed the following amounts:
   (1)  Seventy-five dollars for speed greater than ten miles per hour in excess of the limit but not more than twenty miles per hour in excess of the limit.
   (2)  One hundred dollars for speed greater than twenty miles per hour in excess of the limit but not more than twenty-five miles per hour in excess of the limit.
   (3)  Two hundred fifty dollars for speed greater than twenty-five miles per hour in excess of the limit but not more than thirty miles per hour in excess of the limit.
   (4)  Five hundred dollars for speed greater than thirty miles per hour in excess of the limit.
   c.  For an excessive speed violation detected by a system in a road work zone, as defined in section 321.1, the fine shall not exceed the following amounts:
   (1)  One hundred fifty dollars for speed greater than ten miles per hour in excess of the limit but not more than twenty miles per hour in excess of the limit.
   (2)  Two hundred dollars for speed greater than twenty miles per hour in excess of the limit but not more than twenty-five miles per hour in excess of the limit.
   (3)  Five hundred dollars for speed greater than twenty-five miles per hour in excess of the limit but not more than thirty miles per hour in excess of the limit.
   (4)  One thousand dollars for speed greater than thirty miles per hour in excess of the limit.
   3.  A system not in compliance with this chapter shall not be used to detect violations. A citation issued while the system is not in compliance with this chapter is void and unenforceable.
   4.  A violation detected by an automated or remote system for traffic law enforcement is a civil infraction. Such a violation shall not be considered by the department of transportation for purposes of driver’s license sanctions, and shall not be considered by an insurer for purposes of a person’s automobile insurance rates. The fine associated with a citation issued by a local authority as the result of the use of a system must be a civil penalty.
    Sec. 7.  NEW SECTION.  321P.7  Liability for violations detected.
   1.  A citation for a violation detected by an automated or remote system for traffic law enforcement shall be issued to the owner of the identified motor vehicle.
   2.  a.  Notwithstanding subsection 1, a local authority shall provide the owner of a motor vehicle who receives a citation for a violation detected by a system with an opportunity to submit evidence that the owner was not operating the motor vehicle at the time of the violation. As part of the proceeding, the owner shall provide the name and address of the person who was operating the motor vehicle at the time of the violation.
   b.  Notwithstanding subsection 1, a citation issued to the owner of a motor vehicle may be amended and issued to the person identified under paragraph “a” who was operating the motor vehicle.
   3.  For purposes of this section, “owner” means a person who holds the legal title to a motor vehicle. However, if the motor vehicle is the subject of a security agreement with a right of possession in the debtor, the debtor is deemed the owner for purposes of this section, or if the motor vehicle is leased as defined in section 321.493, the lessee is deemed the owner for purposes of this section.
    Sec. 8.  NEW SECTION.  321P.8  Revenue —— disbursement and retention.
   1.  A local authority that operates an automated or remote system for traffic law enforcement under this chapter shall remit all of the following amounts received as a result of the use of the system, not including the cost to install, operate, and maintain the system, monthly to the treasurer of state:
   a.  Ten percent of the moneys shall be deposited in the length of service award program grant fund created in section 100B.52.
   b.  Five percent of the moneys shall be deposited in the general fund of the state and are appropriated to the Iowa law enforcement academy established under chapter 80B to provide training, certification, and recertification of officers.
   2.  A local authority shall not use the remaining moneys retained by the local authority under subsection 1 other than for any of the following purposes:
   a.  To fund transportation infrastructure improvement projects.
   b.  To offset costs incurred relating to the operation of a police department or fire department.
    Sec. 9.  NEW SECTION.  321P.9  Installation and maintenance.
   1.  A local authority shall install a system in a manner that minimizes the effect of camera flash on drivers, if a camera flash is used.
   2.  An automated or remote system for traffic law enforcement must only record a photograph or video of the rear of a vehicle and the vehicle’s registration plate while the vehicle is used to commit an alleged traffic violation. A local authority shall not install a system such that the system’s camera is placed to capture the front of a motor vehicle or the face of any person in the vehicle being recorded. In accordance with section 321P.6, subsection 3, a citation issued by a system that captures the front of a motor vehicle or the face of any person in the vehicle is void and unenforceable.
   3.  A system must verify its internal calibrations daily, and a person trained in the calibration of the system shall conduct a monthly calibration.
   4.  A local authority operating a system shall maintain a monthly log detailing whether a person trained in the calibration of the system successfully performed the monthly calibrations and whether the system successfully performed the daily internal calibrations.
   5.  The log and documentation of the calibrations required under this section are admissible in any court proceeding relating to a violation detected by the system.
   6.  If a daily or monthly calibration is not successfully performed, the system shall not operate until a successful calibration is subsequently performed.
DIVISION II
EXISTING SYSTEMS

    Sec. 10.  EXISTING SYSTEMS.
   1.  A local authority using an automated or remote system for traffic law enforcement prior to January 1, 2024, may submit to the department of transportation by July 1, 2024, a list of system locations and justifications for placement and use of the systems at the locations in conformance with section 321P.2, as enacted by this Act, to the extent practicable, as determined by the department. The department shall, by October 1, 2024, issue a permit as provided in section 321P.2, as enacted by this Act, to a local authority that provided valid submissions in accordance with this subsection. A local authority using a system prior to January 1, 2024, may continue to use the system in the same manner and at the same locations as the system was used on or before January 1, 2024, during the period of time between the local authority’s submission to the department and the date the department issues the permit to the local authority, unless the system is a mobile system prohibited under section 321P.3, as enacted by this Act. If, on October 1, 2024, a local authority has not been issued a permit by the department as a result of a submission that was not timely filed, or due to a timely filed submission that did not otherwise comply with this subsection, the local authority shall cease using all systems until the local authority obtains a permit from the department pursuant to section 321P.2, as enacted by this Act.
   2.  A local authority using an automated or remote system for traffic law enforcement at a location for the first time on or after January 1, 2024, shall not be issued a permit by the department of transportation pursuant to section 321P.2, as enacted by this Act, before July 1, 2026.
    Sec. 11.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION III
LENGTH OF SERVICE AWARD PROGRAMS

    Sec. 12.  NEW SECTION.  100B.51  Length of service award programs —— authorization.
   The governing body of a municipality, as defined in section 100B.21, is authorized to establish a length of service award program for volunteer fire fighters as defined in section 85.61, emergency medical care providers as defined in section 147A.1 who are volunteers, and reserve peace officers as defined in section 80D.1A. The program shall provide length of service awards, as described in section 457(e)(11) of the Internal Revenue Code, to volunteer fire fighters, volunteer emergency medical care providers, and reserve peace officers serving a municipality that elects to establish a program. The program shall be designed to treat awards from the program as a tax-deferred benefit under the Internal Revenue Code. The governing body of the municipality shall, in consultation with the chief or other person in command of the fire department and police department serving the municipality, as applicable, adopt guidelines providing for eligibility requirements for participation by volunteer fire fighters, volunteer emergency medical care providers, and reserve peace officers, minimum vesting requirements, distribution requirements, and such other guidelines as deemed necessary to operate the program.
    Sec. 13.  NEW SECTION.  100B.52  Length of service award program grant fund —— appropriation.
   1.  A length of service award program grant fund is created in the state treasury under the control of the department of revenue. The fund shall consist of all moneys appropriated to the fund.
   2.  Moneys in the length of service award program grant fund are appropriated to the department of revenue for the purpose of providing grants to municipalities that have established a length of service award program as described in section 100B.51 to provide contributions to the program on behalf of participants in the program. The department of revenue shall adopt rules pursuant to chapter 17A establishing a grant application process. The grant process must provide for up to a dollar-for-dollar funding match from a municipality that has established a length of service award program. The grant process must allow a municipality to use moneys received to fund the program from gifts, devises, bequests, or any other source for purposes of providing the funding match required by this subsection.
   3.  Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund. Notwithstanding section 8.33, moneys credited to the fund shall not revert at the close of a fiscal year.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   AUTOMATED TRAFFIC SYSTEMS. This bill creates a new Code chapter 321P which regulates the use of automated or remote systems for traffic law enforcement (systems). A system is a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to detect motor vehicles being operated in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.
   The bill requires local authorities to hold a valid permit from the department of transportation (DOT) before using a system or adopting, enforcing, or otherwise administering an ordinance authorizing the use of a system. The bill prohibits the governing body of a local authority that is considering an ordinance to authorize or implement systems from suspending the requirement to meet and vote twice on the ordinance before final passage, as is allowed under current law.
    A local authority may apply for a permit by submitting an application to the DOT. The DOT may approve or disapprove the application based on the DOT’s determination that a system is appropriate and necessary and the least restrictive means to address the critical traffic safety issues at a location. The DOT must only approve one permit for a local authority, which sets forth all locations at which a local authority is authorized to use a system. A local authority may submit an application to the DOT to update the local authority’s permit with a new location. The bill lists the required information to provide on an application for a permit, including but not limited to records relating to traffic violations and traffic collisions and accidents occurring at the location; an analysis of existing traffic speed data, posted speed limits, traffic volume data, and intersection and roadway measurements; the proposed cause of critical traffic safety issues; and alternative methods to improve traffic safety.
   The bill requires an image of a registration plate, and any related data, captured by an automatic registration plate reader to be deleted from the reader, including storage devices used in connection with the reader, no later than 30 days after the image is captured. However, a law enforcement agency is authorized to make a copy of the image and data if relevant to an ongoing criminal case or investigation. The requirement to delete the plate image and data does not apply to copies retained by a law enforcement agency in accordance with the agency’s evidence retention policy. A person who violates these automatic registration plate reader requirements commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. 
   The bill limits the use of a system to issue citations only for violations for failure to yield or stop at an intersection controlled by a traffic control signal or at a railroad crossing, or exceeding the speed limit by more than 10 miles per hour (MPH). A local authority with a population of 20,000 or less cannot use a mobile system to issue citations. The DOT must adopt administrative rules otherwise authorizing and regulating the use of mobile systems, including the use of mobile systems in certain locations. Regardless of its population size, a local authority may issue a warning memorandum to the owner of a vehicle that was operated in violation of a traffic law if the violation was detected using a system, including a mobile system.
   The bill requires a local authority to provide certain notice to drivers about the use of a system. Permanent signage providing notice to drivers that a system is in place at a fixed location must be erected at least 500 feet but not more than 1,000 feet along the approach of any highway where the system is used. If a mobile system is used, the local authority must post permanent signs giving notice of the use of mobile systems within the local authority’s boundaries at every location where a highway enters the boundaries of the local authority. The signs must be erected at the expense of the local authority. Every location where an automated or remote system is used must be clearly identified and installed at least 30 days prior to the system enforcing any detected violations. A local authority must provide an annual report to the DOT about the local authority’s systems, and post the report on the local authority’s internet site, if applicable.
   A local authority is prohibited from issuing a citation or warning memorandum for a violation detected by a system until a peace officer of the local authority, or an individual trained and certified by the local authority, has reviewed and approved the recorded photograph or video to affirm a traffic violation occurred. The amount of the fine imposed by a citation resulting from a violation, other than an excessive speed violation, detected by a system is limited to the amount of the scheduled fine for the same violation under Code section 805.8A. The maximum amount for a fine for an excessive speed violation is set forth in the bill based on MPH in excess of the limit, and is doubled if the violation occurs in a road work zone. A system not in compliance with the bill cannot be used to detect violations. A citation issued while the system is not in compliance is void and unenforceable.
   The bill requires system citations to be issued to the owner of a motor vehicle, but also requires local authorities to provide an opportunity for an owner to identify another person who was operating the vehicle during the violation. 
   A local authority that collects revenue for traffic violations detected by a system must remit certain percentages of moneys received from the use of the system, not including the cost to install, operate, and maintain the system, to the treasurer of state: 10 percent is deposited in the length of service award program fund established in the bill, and 5 percent is deposited in the general fund of the state to be used by the Iowa law enforcement academy. A local authority is prohibited from spending the moneys retained by the local authority other than to fund transportation infrastructure projects or to offset costs incurred relating to the operation of a police or fire department.
   The bill requires that systems be installed to avoid the effect of camera flash on drivers and to prevent capturing recordings of the front of the vehicle or persons in the vehicle. The bill regulates the required system maintenance and frequency of maintenance, including system compliance with generally accepted procedures for the system, daily internal calibrations, and monthly calibration by a person trained in the calibration of the system. The bill requires a local authority to maintain a monthly log detailing the maintenance and calibration records. 
   EXISTING SYSTEMS. The bill provides that a local authority using a system prior to January 1, 2024, may submit to the DOT by July 1, 2024, a list of system locations and justifications for placement and use. The department must, by October 1, 2024, issue a permit to the local authority. A local authority using a system prior to January 1, 2024, may continue to use the system, unless it is a mobile system prohibited under new Code section 321P.3, in the same manner and at the same locations as the system was used while the DOT is considering the local authority’s application. If, on October 1, 2024, the local authority has not been issued a permit, the local authority must cease using all systems until the local authority obtains a permit under the bill. A local authority using a system at a location for the first time on or after January 1, 2024, shall not be issued a permit before July 1, 2026. These provisions of the bill take effect upon enactment.
   LENGTH OF SERVICE AWARD PROGRAMS. The bill authorizes a municipality, defined as a city, county, township, benefited fire district, or agency authorized by law to provide emergency response services, to establish a length of service award program as described in the Internal Revenue Code for volunteer fire fighters, volunteer emergency medical care providers, and reserve peace officers. The governing body of a municipality that establishes a program shall, in consultation with the chief or other person in command of the fire department and police department serving the municipality, as applicable, adopt guidelines providing for eligibility requirements for participation, minimum vesting requirements, distribution requirements, and such other guidelines as deemed necessary to operate the program.
   The bill also establishes a length of service award program grant fund under the control of the department of revenue. Moneys in the fund are appropriated to the department for grants to municipalities that have established a length of service award program to provide contributions to the program on behalf of participants. The bill requires the department to adopt rules establishing a grant application process that shall provide for up to a dollar-for-dollar funding match from a municipality that has established a length of service award program. The bill also requires the grant process to allow a municipality to use moneys received from any source for purposes of providing the funding match required by the bill.