S.F. 489 DIVISION I 1 AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT 2 Section 1. NEW SECTION . 321P.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Automated or remote system for traffic law enforcement” 6 or “system” means a camera or other optical device designed to 7 work in conjunction with an official traffic control signal or 8 speed measuring device to detect motor vehicles being operated 9 in violation of traffic laws, the use of which results in the 10 issuance of citations sent through the mail or by electronic 11 means. 12 2. “Critical traffic safety issues” include traffic 13 violations resulting in a traffic collision or accident and 14 traffic collisions and accidents resulting in serious injury or 15 death occurring at a location. 16 3. “Department” means the state department of 17 transportation. 18 4. “Local authority” means a county or municipality 19 having authority to adopt local police regulations under the 20 Constitution of the state of Iowa and laws of this state. 21 Sec. 2. NEW SECTION . 321P.2 Permit required. 22 A person shall not use an automated or remote system for 23 traffic law enforcement unless authorized under this chapter. 24 A local authority shall not adopt, enforce, or otherwise 25 administer an ordinance authorizing the use of a system, and 26 shall not use a system, unless the local authority holds a 27 valid permit to use a system at the system’s location. A local 28 authority may apply for a permit by submitting an application 29 to the department in a manner determined by the department. 30 The department may approve or disapprove the application for a 31 permit based on the department’s determination that a system is 32 appropriate and necessary and the least restrictive means to 33 address the critical traffic safety issues at a location. The 34 department shall only approve one permit for a local authority, 35 -1- LSB 2506SV (1) 90 th/ns 1/ 10

S.F. 489 which shall set forth all locations at which a local authority 1 is authorized to use a system. A local authority may submit an 2 application to the department to update the local authority’s 3 permit with a new location in the same manner and with the same 4 information as required for the initial permit. An application 5 for a permit must contain all of the following for a location 6 at which the local authority intends to operate a system: 7 1. Records detailing the number and description of traffic 8 violations at the location, which shall be compiled and 9 maintained by the local authority for at least one year prior 10 to the installation of the system and for each year the system 11 is in operation. The records shall be considered public 12 records for purposes of chapter 22. 13 2. Records detailing the number and severity of traffic 14 collisions and accidents occurring at the location, which 15 shall include a comparison of measured traffic collision and 16 accident data at the location with traffic collision and 17 accident data from other similar locations within the local 18 authority’s jurisdiction, other similar jurisdictions, and 19 larger metropolitan areas. 20 3. An analysis of existing traffic speed data, posted speed 21 limits, traffic volume data, and intersection and roadway 22 measurements of the location. The analysis must demonstrate 23 to the department that existing speed restrictions and traffic 24 control signal timing are appropriate and must describe how 25 the speed restrictions and traffic control signal timing were 26 established. 27 4. The proposed cause of critical traffic safety issues at 28 the location. 29 5. Alternative methods to improve traffic safety at the 30 location that the local authority has implemented or has 31 considered but declined to implement. Alternative methods 32 to improve traffic safety may include but are not limited to 33 changes relating to law enforcement practices, roadway or 34 intersection design, traffic control devices used, and public 35 -2- LSB 2506SV (1) 90 th/ns 2/ 10

S.F. 489 education campaigns. 1 6. Details of discussions, if any, held with an entity that 2 has resources which may aid the reduction of traffic collisions 3 and accidents caused at the location by failure to obey speed 4 restrictions or traffic control signals and subsequent actions 5 taken by the local authority. 6 7. An explanation detailing the reasons that the use of a 7 system at the location is appropriate and necessary and the 8 least restrictive means to address the critical traffic safety 9 issues. 10 Sec. 3. NEW SECTION . 321P.3 Use limited. 11 1. A local authority shall not use an automated or remote 12 system for traffic law enforcement to issue a citation for 13 a traffic violation unless the violation is for any of the 14 following: 15 a. Failure to yield or stop at an intersection controlled by 16 a traffic control signal. 17 b. Failure to yield or stop at a railroad crossing. 18 c. Exceeding the speed limit by more than ten miles per 19 hour. 20 2. A local authority shall not use a mobile system to issue 21 a citation for a traffic violation, regardless of whether the 22 mobile system is placed at an approved location under the local 23 authority’s permit. 24 3. A local authority may issue a warning memorandum to the 25 owner of a vehicle that was operated in violation of a traffic 26 law if the violation was detected by an automated or remote 27 system for traffic law enforcement, including a mobile system. 28 Sec. 4. NEW SECTION . 321P.4 Notice —— signage and reports. 29 1. A local authority shall not operate an automated or 30 remote system for traffic law enforcement unless permanent 31 signs meeting the requirements as specified in the department 32 manual on uniform traffic-control devices and giving notice of 33 the system are erected at least five hundred feet but not more 34 than one thousand feet along the approach of the highway where 35 -3- LSB 2506SV (1) 90 th/ns 3/ 10

S.F. 489 the system is used. Signs required under this subsection shall 1 be erected by the local authority at the local authority’s 2 expense at least thirty days prior to the system enforcing any 3 detected violations. 4 2. A local authority using a system shall submit to the 5 department an annual report by March 1 of each year detailing 6 the number of traffic collisions and accidents that occurred at 7 each location where a system is in use, the number of citations 8 issued for each system during the previous calendar year, and 9 any other relevant information about the systems that the local 10 authority deems appropriate. The local authority shall post 11 the report on the local authority’s internet site, if the local 12 authority has an internet site. 13 Sec. 5. NEW SECTION . 321P.5 Enforcement. 14 1. A local authority shall not issue a citation or warning 15 memorandum for a violation detected by a system until a peace 16 officer of the local authority has reviewed and approved the 17 recorded photograph or video to affirm a traffic violation 18 occurred. 19 2. a. For a violation other than an excessive speed 20 violation, the amount of the fine imposed by a citation 21 resulting from a violation detected by a system shall not 22 exceed the amount of the scheduled fine for the violation under 23 section 805.8A. 24 b. For an excessive speed violation detected by a system 25 other than as provided in paragraph “c” , the fine shall not 26 exceed the following amounts: 27 (1) Fifty dollars for speed greater than ten miles per hour 28 in excess of the limit but not more than twenty miles per hour 29 in excess of the limit. 30 (2) Seventy-five dollars for speed greater than twenty 31 miles per hour in excess of the limit but not more than thirty 32 miles per hour in excess of the limit. 33 (3) Two hundred fifty dollars for speed greater than thirty 34 miles per hour in excess of the limit. 35 -4- LSB 2506SV (1) 90 th/ns 4/ 10

S.F. 489 c. For an excessive speed violation detected by a system in 1 a road work zone, as defined in section 321.1, the fine shall 2 not exceed the following amounts: 3 (1) One hundred dollars for speed greater than ten miles per 4 hour in excess of the limit but not more than twenty miles per 5 hour in excess of the limit. 6 (2) One hundred fifty dollars for speed greater than twenty 7 miles per hour in excess of the limit but not more than thirty 8 miles per hour in excess of the limit. 9 (3) Five hundred dollars for speed greater than thirty miles 10 per hour in excess of the limit. 11 3. A system not in compliance with this chapter shall not 12 be used to detect violations. A citation issued while the 13 system is not in compliance with this chapter is void and 14 unenforceable. 15 Sec. 6. NEW SECTION . 321P.6 Liability for violations 16 detected. 17 1. A citation for a violation detected by an automated or 18 remote system for traffic law enforcement shall be issued to 19 the owner of the identified motor vehicle. 20 2. a. Notwithstanding subsection 1, a local authority shall 21 provide the owner of a motor vehicle who receives a citation 22 for a violation detected by a system with an opportunity 23 to submit evidence that the owner was not operating the 24 motor vehicle at the time of the violation. As part of the 25 proceeding, the owner shall provide the name and address of the 26 person who was operating the motor vehicle at the time of the 27 violation. 28 b. Notwithstanding subsection 1, a citation issued to the 29 owner of a motor vehicle may be amended and issued to the 30 person identified under paragraph “a” who was operating the 31 motor vehicle. However, the owner of the motor vehicle shall 32 pay the fine if the person operating the motor vehicle does not 33 pay the fine. 34 3. For purposes of this section, “owner” means a person 35 -5- LSB 2506SV (1) 90 th/ns 5/ 10

S.F. 489 who holds the legal title to a motor vehicle. However, if the 1 motor vehicle is the subject of a security agreement with a 2 right of possession in the debtor, the debtor is deemed the 3 owner for purposes of this section, or if the motor vehicle is 4 leased as defined in section 321.493, the lessee is deemed the 5 owner for purposes of this section. 6 Sec. 7. NEW SECTION . 321P.7 Revenue —— disbursement and 7 retention. 8 A local authority that operates an automated or remote 9 system for traffic law enforcement under this chapter shall 10 remit monthly to the treasurer of state ten percent of the 11 moneys from the use of the system, not including the cost to 12 install, operate, and maintain the system. Moneys remitted 13 under this section shall be deposited in the road use tax fund. 14 The remaining moneys retained by the local authority shall be 15 used only for public safety or improvements to transportation 16 infrastructure within the local authority’s jurisdiction. 17 Sec. 8. NEW SECTION . 321P.8 Installation and maintenance. 18 1. A local authority shall install a system in a manner that 19 minimizes the effect of camera flash on drivers, if a camera 20 flash is used. 21 2. An automated or remote system for traffic law enforcement 22 shall only record a photograph or video of a vehicle and the 23 vehicle’s registration plate while the vehicle is used to 24 commit an alleged traffic violation. A local authority shall 25 not install a system such that the system’s camera is placed 26 to capture the face of any person in the motor vehicle being 27 recorded. If a person’s face is unintentionally captured by 28 the system, the person’s face shall be obfuscated by the local 29 authority in any recording released to a person other than an 30 employee or agent of the local authority, unless otherwise 31 ordered by a court. The system’s unintentional capture of a 32 person’s face does not invalidate the associated citation. 33 3. An automated or remote system for traffic law enforcement 34 shall comply with the generally accepted procedures for 35 -6- LSB 2506SV (1) 90 th/ns 6/ 10

S.F. 489 operating the system. 1 4. A system shall verify its internal calibrations daily, 2 and a person trained in the calibration of the system shall 3 conduct a monthly calibration. 4 5. A local authority operating a system shall maintain 5 a monthly log detailing whether a person trained in the 6 calibration of the system successfully performed the monthly 7 calibrations and whether the system successfully performed the 8 daily internal calibrations. 9 6. The log and documentation of the calibrations required 10 under this section are admissible in any court proceeding 11 relating to a violation detected by the system. 12 7. If a daily or monthly calibration is not successfully 13 performed, the system shall not operate until a successful 14 calibration is subsequently performed. 15 DIVISION II 16 EXISTING SYSTEMS 17 Sec. 9. EXISTING SYSTEMS. 18 1. A local authority using an automated or remote system 19 for traffic law enforcement prior to April 1, 2023, may submit 20 to the department of transportation by April 1, 2023, a list 21 of system locations and justifications for placement and use 22 of the systems at the locations in conformance with section 23 321P.2, as enacted in this Act, to the extent practicable, as 24 determined by the department. The department may, by July 25 1, 2023, issue a permit to the local authority as provided 26 in section 321P.2, as enacted in this Act. If, on July 1, 27 2023, the local authority has not been issued a permit by the 28 department, the local authority shall cease using all systems 29 until the local authority obtains a permit from the department 30 pursuant to section 321P.2, as enacted in this Act. 31 2. A local authority using an automated or remote system 32 for traffic law enforcement at a location for the first time 33 on or after April 1, 2023, shall not be issued a permit by the 34 department of transportation pursuant to section 321P.2, as 35 -7- LSB 2506SV (1) 90 th/ns 7/ 10

S.F. 489 enacted in this Act, before July 1, 2025. 1 Sec. 10. EFFECTIVE DATE. This division of this Act, being 2 deemed of immediate importance, takes effect upon enactment. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill creates a new Code chapter 321P which regulates the 7 use of automated or remote systems for traffic law enforcement 8 (systems). A system is a camera or other optical device 9 designed to work in conjunction with an official traffic 10 control signal or speed measuring device to detect motor 11 vehicles being operated in violation of traffic laws, the use 12 of which results in the issuance of citations sent through the 13 mail or by electronic means. 14 The bill requires local authorities to hold a valid permit 15 from the department of transportation (DOT) before using a 16 system or adopting, enforcing, or otherwise administering an 17 ordinance authorizing the use of a system. A local authority 18 may apply for a permit by submitting an application to the DOT. 19 The DOT may approve or disapprove the application based on the 20 DOT’s determination that a system is appropriate and necessary 21 and the least restrictive means to address the critical traffic 22 safety issues at a location. The DOT must only approve one 23 permit for a local authority, which sets forth all locations 24 at which a local authority is authorized to use a system. A 25 local authority may submit an application to the DOT to update 26 the local authority’s permit with a new location. The bill 27 lists the required information to provide on an application 28 for a permit, including but not limited to records relating 29 to traffic violations and traffic collisions and accidents 30 occurring at the location; an analysis of existing traffic 31 speed data, posted speed limits, traffic volume data, and 32 intersection and roadway measurements; the proposed cause of 33 critical traffic safety issues; and alternative methods to 34 improve traffic safety. 35 -8- LSB 2506SV (1) 90 th/ns 8/ 10

S.F. 489 The bill limits the use of a system to issue citations only 1 for violations for failure to yield or stop at an intersection 2 controlled by a traffic control signal or at a railroad 3 crossing, or exceeding the speed limit by more than 10 miles 4 per hour (MPH). A local authority cannot use a mobile system 5 to issue citations. However, a local authority may issue a 6 warning memorandum to the owner of a vehicle that was operated 7 in violation of a traffic law if the violation was detected 8 using a system, including a mobile system. 9 The bill requires a local authority to provide certain 10 notice to drivers about the use of a system. Permanent signage 11 providing notice to drivers that a system is in place must be 12 erected at least 500 feet but not more than 1,000 feet along 13 the approach of any highway where the system is used. The 14 signs must be erected at the expense of the local authority. 15 Every location where an automated or remote system is used must 16 be clearly identified at least 30 days prior to the system 17 enforcing any detected violations. A local authority must 18 provide an annual report to the DOT about the local authority’s 19 systems. 20 A local authority is prohibited from issuing a citation 21 or warning memorandum for a violation detected by a system 22 until a peace officer of the local authority has reviewed and 23 approved the recorded photograph or video to affirm a traffic 24 violation occurred. The amount of the fine imposed by a 25 citation resulting from a violation, other than an excessive 26 speed violation, detected by a system is limited to the amount 27 of the scheduled fine for the same violation under Code section 28 805.8A. The maximum amount for a fine for an excessive speed 29 violation is set forth in the bill based on MPH in excess of the 30 limit, and is doubled if the violation occurs in a road work 31 zone. A system not in compliance with the bill cannot be used 32 to detect violations. A citation issued while the system is 33 not in compliance is void and unenforceable. 34 The bill requires system citations to be issued to the owner 35 -9- LSB 2506SV (1) 90 th/ns 9/ 10

S.F. 489 of a motor vehicle, but also requires local authorities to 1 provide an opportunity for an owner to identify another person 2 who was operating the vehicle during the violation. However, 3 the owner must still pay the associated fine if the other 4 person does not pay the fine. 5 A local authority that collects revenue for traffic 6 violations detected by a system must remit monthly to the 7 treasurer of state 10 percent of the moneys from the use of 8 the system, not including the cost to install, operate, and 9 maintain the system. These moneys are deposited in the road 10 use tax fund. The remaining moneys retained by the local 11 authority are required to be used only for public safety or 12 improvements to transportation infrastructure within the local 13 authority’s jurisdiction. 14 The bill requires that systems be installed to avoid the 15 effect of camera flash on drivers and to prevent capturing 16 recordings of persons in the vehicle. The bill regulates the 17 required system maintenance and frequency of maintenance, 18 including system compliance with generally accepted procedures 19 for the system, daily internal calibrations, and monthly 20 calibration by a person trained in the calibration of the 21 system. The bill requires a local authority to maintain a 22 monthly log detailing the maintenance and calibration records. 23 The bill provides that a local authority using a system prior 24 to April 1, 2023, may submit to the DOT by April 1, 2023, a 25 list of system locations and justifications for placement and 26 use. The department may, by July 1, 2023, issue a permit to the 27 local authority. If, on July 1, 2023, the local authority has 28 not been issued a permit, the local authority must cease using 29 all systems until the local authority obtains a permit under 30 the bill. A local authority using a system at a location for 31 the first time on or after April 1, 2023, shall not be issued a 32 permit before July 1, 2025. These provisions of the bill take 33 effect upon enactment. 34 -10- LSB 2506SV (1) 90 th/ns 10/ 10