Senate File 2284 - Introduced SENATE FILE 2284 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 2034) A BILL FOR An Act relating to the use of automated systems that detect 1 traffic violations or registration plate information, and 2 making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5620SV (2) 91 th/ns

S.F. 2284 Section 1. Section 321P.4, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. A person shall not share with a 3 nongovernmental third party historical location information 4 that is collected by an automatic registration plate reader 5 and compiled in an effort to anticipate, prevent, or monitor 6 potential criminal activity if the information identifies or 7 could be used to identify another person or another person's 8 vehicle. 9 Sec. 2. Section 321P.4, subsection 4, Code 2026, is amended 10 to read as follows: 11 4. A person who violates subsection 1 or 2A commits a simple 12 misdemeanor. 13 Sec. 3. NEW SECTION . 321P.4A Automated vehicle noise 14 enforcement systems. 15 1. A local authority shall not issue a citation for a 16 violation detected by an automated vehicle noise enforcement 17 system based on noise emitted from the use of a vehicle’s brake 18 or exhaust system while the vehicle is reducing speed. 19 2. A citation issued in violation of subsection 1 is void 20 and unenforceable. 21 3. For purposes of this section, “automated vehicle noise 22 enforcement system” means a camera or other optical device 23 designed to work in conjunction with a noise measuring device 24 to detect and automatically capture or store an image or any 25 accompanying data of a vehicle emitting noise that exceeds a 26 specified noise level restriction. 27 Sec. 4. Section 321P.7, subsection 2, paragraph a, Code 28 2026, is amended to read as follows: 29 a. Notwithstanding subsection 1 , a local authority shall 30 provide the owner of a motor vehicle who receives a citation 31 for a violation detected by a system with an opportunity 32 to submit evidence that the owner was not operating the 33 motor vehicle at the time of the violation. As part of the 34 proceeding, the owner shall may provide the name and address 35 -1- LSB 5620SV (2) 91 th/ns 1/ 4

S.F. 2284 of the person who was operating the motor vehicle at the time 1 of the violation. A citation issued to an owner who submits 2 evidence sufficient to prove that the owner was not operating 3 the motor vehicle at the time of the violation shall be 4 dismissed and the owner shall not be required to pay a fee if 5 the citation is not amended pursuant to paragraph “b” . 6 Sec. 5. NEW SECTION . 321P.7A Liability for violations other 7 than speed violations. 8 1. A local authority that issues a citation for a violation 9 other than for excessive speed that was detected using a 10 camera or other optical device designed to work in conjunction 11 with another device to detect a violation of section 12 321.256, 321.257, 321.436, or any other traffic law, and to 13 automatically capture or store an image or any accompanying 14 data of a motor vehicle violating the traffic law, shall 15 provide the owner of the motor vehicle who received a citation 16 with an opportunity to submit evidence that the owner was not 17 operating the motor vehicle at the time of the violation. 18 2. As part of the proceeding, the owner may provide the 19 name and address of the person who was operating the motor 20 vehicle at the time of the violation. Notwithstanding section 21 321.133, a citation issued to an owner who submits evidence 22 sufficient to prove that the owner was not operating the motor 23 vehicle at the time of the violation shall be dismissed and the 24 owner shall not be required to pay a fee if the citation is not 25 amended pursuant to subsection 3. 26 3. A citation issued to the owner of a motor vehicle may be 27 amended and issued to the person identified under subsection 2 28 who was operating the motor vehicle. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill prohibits a person from sharing historical 33 location information collected by an automatic registration 34 plate reader with a nongovernmental third party if the 35 -2- LSB 5620SV (2) 91 th/ns 2/ 4

S.F. 2284 information could be used to identify another person or another 1 person’s vehicle. A person who shares such information in 2 violation of the bill commits a simple misdemeanor. A simple 3 misdemeanor is punishable by confinement for no more than 30 4 days and a fine of at least $105 but not more than $855. 5 The bill prohibits local authorities from issuing a 6 citation for a violation detected by an automated vehicle 7 noise enforcement system, as defined in the bill, based on 8 noise emitted from the use of a vehicle’s brake or exhaust 9 system while the vehicle is reducing speed. A citation for a 10 noise violation issued in violation of the bill is void and 11 unenforceable. 12 Under current law, a citation for a violation detected by an 13 automated or remote system for traffic law enforcement must be 14 issued to the owner of the identified motor vehicle. However, 15 a local authority is required to provide the owner of a motor 16 vehicle who receives a citation for a violation detected by 17 a system with an opportunity to submit evidence that the 18 owner was not operating the motor vehicle at the time of the 19 violation. As part of the proceeding, the owner must provide 20 the name and address of the person who was operating the motor 21 vehicle at the time of the violation. The bill strikes the 22 requirement for the vehicle owner to provide the name and 23 address of the person who was operating the motor vehicle at 24 the time of the violation. 25 The bill requires a local authority that uses an automated 26 system to capture images of traffic violations other than 27 excessive speed to provide an opportunity for the vehicle owner 28 to submit evidence that the owner was not operating the vehicle 29 at the time of the violation. 30 The bill requires a citation issued using any kind of 31 automated system that captures images of traffic law violations 32 to be dismissed without a fee imposed on the owner if the owner 33 submits sufficient proof that the owner was not operating the 34 motor vehicle at the time of the violation, and the citation is 35 -3- LSB 5620SV (2) 91 th/ns 3/ 4

S.F. 2284 not amended and issued to another identified person. 1 -4- LSB 5620SV (2) 91 th/ns 4/ 4