SF 2284 (LSB 5620SV (2) 91)

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 traffic violations or registration plate information, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321P.4, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  A person shall not share with a nongovernmental third party historical location information that is collected by an automatic registration plate reader and compiled in an effort to anticipate, prevent, or monitor potential criminal activity if the information identifies or could be used to identify another person or another person's vehicle.
    Sec. 2.  Section 321P.4, subsection 4, Code 2026, is amended to read as follows:
   4.  A person who violates subsection 1 or 2A commits a simple misdemeanor.
    Sec. 3.  NEW SECTION.  321P.4A  Automated vehicle noise enforcement systems.
   1.  A local authority shall not issue a citation for a violation detected by an automated vehicle noise enforcement system based on noise emitted from the use of a vehicle’s brake or exhaust system while the vehicle is reducing speed.
   2.  A citation issued in violation of subsection 1 is void and unenforceable.
   3.  For purposes of this section, “automated vehicle noise enforcement system” means a camera or other optical device designed to work in conjunction with a noise measuring device to detect and automatically capture or store an image or any accompanying data of a vehicle emitting noise that exceeds a specified noise level restriction.
    Sec. 4.  Section 321P.7, subsection 2, paragraph a, Code 2026, is amended to read as follows:
   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 may provide the name and address of the person who was operating the motor vehicle at the time of the violation.  A citation issued to an owner who submits evidence sufficient to prove that the owner was not operating the motor vehicle at the time of the violation shall be dismissed and the owner shall not be required to pay a fee if the citation is not amended pursuant to paragraph “b”.
    Sec. 5.  NEW SECTION.  321P.7A  Liability for violations other than speed violations.
   1.  A local authority that issues a citation for a violation other than for excessive speed that was detected using a camera or other optical device designed to work in conjunction with another device to detect a violation of section 321.256, 321.257, 321.436, or any other traffic law, and to automatically capture or store an image or any accompanying data of a motor vehicle violating the traffic law, shall provide the owner of the motor vehicle who received a citation with an opportunity to submit evidence that the owner was not operating the motor vehicle at the time of the violation. 
   2.  As part of the proceeding, the owner may provide the name and address of the person who was operating the motor vehicle at the time of the violation. Notwithstanding section 321.133, a citation issued to an owner who submits evidence sufficient to prove that the owner was not operating the motor vehicle at the time of the violation shall be dismissed and the owner shall not be required to pay a fee if the citation is not amended pursuant to subsection 3.
   3.  A citation issued to the owner of a motor vehicle may be amended and issued to the person identified under subsection 2 who was operating the motor vehicle.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from sharing historical location information collected by an automatic registration plate reader with a nongovernmental third party if the information could be used to identify another person or another person’s vehicle. A person who shares such information in violation of the bill 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 prohibits local authorities from issuing a citation for a violation detected by an automated vehicle noise enforcement system, as defined in the bill, based on noise emitted from the use of a vehicle’s brake or exhaust system while the vehicle is reducing speed. A citation for a noise violation issued in violation of the bill is void and unenforceable.
   Under current law, a citation for a violation detected by an automated or remote system for traffic law enforcement must be issued to the owner of the identified motor vehicle. However, a local authority is required to 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 must provide the name and address of the person who was operating the motor vehicle at the time of the violation. The bill strikes the requirement for the vehicle owner to provide the name and address of the person who was operating the motor vehicle at the time of the violation.
   The bill requires a local authority that uses an automated system to capture images of traffic violations other than excessive speed to provide an opportunity for the vehicle owner to submit evidence that the owner was not operating the vehicle at the time of the violation. 
   The bill requires a citation issued using any kind of automated system that captures images of traffic law violations to be dismissed without a fee imposed on the owner if the owner submits sufficient proof that the owner was not operating the motor vehicle at the time of the violation, and the citation is not amended and issued to another identified person.