HF 2620 (LSB 5967HV (1) 91)

HOUSE FILE 2620

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HSB 597)

A BILL FOR

An Act prohibiting signs giving notice that an automated or remote system for traffic law enforcement is used when the use of a system is not authorized.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321P.5, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  a.  A local authority that does not hold a valid permit to use an automated or remote system for traffic law enforcement, as required in section 321P.2, shall not erect or post a sign giving notice that a system is used.
   b.  The department shall assess a civil penalty of one thousand dollars against a local authority for a violation of paragraph “a”. In the case of a continuing violation, each day of the continuing violation is a separate violation. Moneys collected in civil penalties under this paragraph shall be deposited in the road use tax fund.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a local authority is prohibited from using an automated or remote system for traffic law enforcement (system) unless the local authority holds a valid permit issued by the department of transportation (DOT) to use a system at the system’s location. A local authority that holds a permit to use a system at a fixed location must erect permanent signs giving notice of the system at least 500 feet but not more than 1,000 feet along the approach of the highway where the system is used. A local authority that holds a permit to use a mobile system must post permanent signs at every location where a highway enters the boundaries of the local authority giving notice of the local authority’s use of a mobile system within the boundaries of the local authority.
   This bill prohibits a local authority that does not hold a valid permit to use a system from erecting or posting signs giving notice that a system is used. A local authority is subject to a $1,000 civil penalty for each day a violation occurs. The DOT is required to assess the civil penalty and deposit the moneys collected for violations in the road use tax fund.