Senate
File
220
-
Reprinted
SENATE
FILE
220
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
3)
(As
Amended
and
Passed
by
the
Senate
March
22,
2017
)
A
BILL
FOR
An
Act
regulating
the
use
of
automated
traffic
law
enforcement
1
systems,
and
providing
a
penalty.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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220
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Section
1.
Section
321.1,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5A.
“Automated
traffic
law
enforcement
3
system”
means
a
device
used
for
the
enforcement
of
laws
4
regulating
vehicular
traffic
and
equipped
with
one
or
more
5
sensors
working
in
conjunction
with
one
of
the
following:
6
a.
An
official
traffic-control
signal,
to
produce
recorded
7
images
of
motor
vehicles
entering
an
intersection
against
a
red
8
signal
light.
9
b.
A
speed
measuring
device,
to
produce
recorded
images
of
10
motor
vehicles
traveling
at
a
prohibited
rate
of
speed.
11
c.
A
railroad
grade
crossing
signal
light,
as
described
in
12
section
321.342,
to
produce
recorded
images
of
motor
vehicles
13
violating
the
signal
light.
14
d.
Any
official
traffic-control
device,
if
failure
to
comply
15
with
the
official
traffic-control
device
constitutes
a
moving
16
violation
under
this
chapter.
17
Sec.
2.
NEW
SECTION
.
321.492C
Automated
traffic
law
18
enforcement
systems.
19
1.
The
department
shall
not
place,
operate,
maintain,
20
or
employ
the
use
of
any
automated
traffic
law
enforcement
21
system.
The
department
shall
not
cause
to
be
placed
any
22
automated
traffic
law
enforcement
system
except
as
provided
in
23
this
section
or
in
rules
adopted
by
the
department
under
this
24
section.
25
2.
a.
A
local
authority,
or
another
entity
on
a
local
26
authority’s
behalf,
shall
not
operate
an
automated
traffic
law
27
enforcement
system
without
approving
the
use
of
the
system
28
following
an
established
self-certification
process.
The
29
self-certification
process
shall
include
a
justification
report
30
meeting
the
requirements
of
paragraph
“b”
,
which
shall
be
31
made
readily
available
for
the
public
to
review,
and
a
public
32
hearing
at
which
the
local
authority
shall
provide
evidence
33
of
a
demonstrated
safety
need
for
the
automated
traffic
law
34
enforcement
system.
Notice
of
the
date,
time,
and
place
of
35
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the
hearing
shall
be
published
in
the
manner
described
in
1
section
362.3.
A
public
hearing
may
address
several
locations
2
at
which
a
local
authority
intends
to
place
an
automated
3
traffic
law
enforcement
system.
However,
a
local
authority
4
shall
adopt
an
ordinance
approving
the
use
of
an
automated
5
traffic
law
enforcement
system
for
each
location
at
which
the
6
local
authority
operates
a
fixed
or
mobile
automated
traffic
7
law
enforcement
system.
A
local
authority
may
approve
the
8
operation
of
an
automated
traffic
law
enforcement
system
9
only
if
the
system
is
located
in
a
documented
high-crash
or
10
high-risk
location
at
which
there
is
a
demonstrated
safety
11
need
for
the
system.
The
local
authority
shall
demonstrate
12
the
safety
need
for
the
system
based
on
the
volume
of
traffic,
13
the
history
of
motor
vehicle
accidents,
the
frequency
and
type
14
of
traffic
violations,
the
risk
to
peace
officers
employing
15
traditional
traffic
enforcement
methods,
any
additional
16
information
required
in
the
justification
report,
and
any
other
17
safety
criteria
deemed
appropriate
by
the
local
authority.
18
These
requirements
shall
apply
for
each
location
at
which
a
19
local
authority,
or
another
entity
on
a
local
authority’s
20
behalf,
operates
a
fixed
or
mobile
automated
traffic
law
21
enforcement
system.
22
b.
A
justification
report
shall
provide
all
necessary
23
information
and
documentation
to
demonstrate
whether
an
area
is
24
a
high-crash
or
high-risk
location
and
shall
include
but
not
be
25
limited
to
documentation
regarding
all
the
following:
26
(1)
Existing
traffic
speeds,
posted
speed
limits,
27
traffic
volumes,
and
intersection
or
roadway
geometry.
Such
28
documentation
shall
provide
assurance
that
existing
speed
29
limits
and
official
traffic-control
signal
timings
are
30
appropriate
and
shall
describe
how
the
limits
and
timings
were
31
established.
32
(2)
The
applicable
motor
vehicle
accident
history,
the
33
primary
accident
types,
accident
causes,
accident
severity,
and
34
the
history
of
any
related
traffic
violations.
Only
accidents
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attributable
to
violating
the
speed
limit
or
an
official
1
traffic-control
signal
shall
be
included
in
this
report.
Such
2
documentation
shall
compare
accident
data
with
data
from
other
3
similar
locations
within
the
local
authority’s
jurisdiction,
4
other
similar
jurisdictions,
and
larger
metropolitan
areas.
5
(3)
The
identification
of
critical
traffic
safety
issues
6
related
to
the
data
required
by
subparagraphs
(1)
and
(2),
7
including
a
comprehensive
list
of
solutions
that
may
address
8
the
critical
traffic
safety
issues.
9
(4)
Solutions
or
safety
countermeasures
that
the
local
10
authority
has
implemented
along
with
those
that
the
local
11
authority
has
considered
but
not
implemented.
These
may
12
include
solutions
relating
to
law
enforcement,
engineering,
13
public
education
campaigns,
or
other
safety
countermeasures.
14
(5)
Discussions
held
and
actions
taken
by
the
local
15
authority
with
any
partnering
entities
that
have
resources
16
which
could
aid
in
the
reduction
of
accidents
attributable
17
to
violating
the
speed
limit
or
an
official
traffic-control
18
signal.
19
(6)
The
reason
or
reasons
the
local
authority
believes
an
20
automated
traffic
law
enforcement
system
is
the
best
solution
21
to
address
the
critical
traffic
safety
issues.
22
c.
A
local
authority,
or
another
entity
on
a
local
23
authority’s
behalf,
shall
not
operate
an
automated
traffic
law
24
enforcement
system
without
posting
signage
meeting
all
of
the
25
following
requirements:
26
(1)
For
a
fixed
automated
traffic
law
enforcement
system,
27
permanent
signs
advising
drivers
that
the
system
is
in
place
28
shall
be
posted
in
clear
and
present
view
of
passing
drivers
in
29
advance
of
the
location
where
the
system
is
in
use.
30
(2)
For
a
mobile
automated
traffic
law
enforcement
system,
31
temporary
or
permanent
signs
advising
drivers
that
the
system
32
is
in
place
shall
be
posted
in
clear
and
present
view
of
33
passing
drivers
in
advance
of
the
location
where
the
system
is
34
in
use.
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(3)
The
signage
conforms
to
the
manual
on
uniform
1
traffic-control
devices
as
adopted
by
the
department.
2
d.
A
local
authority,
or
another
entity
on
a
local
3
authority’s
behalf,
shall
not
issue
a
citation
resulting
from
4
the
use
of
an
automated
traffic
law
enforcement
system
until
5
an
active
peace
officer
of
the
local
authority
has
reviewed
6
the
citation
and
any
relevant
recorded
images
produced
by
the
7
system.
8
e.
The
amount
of
the
fine
or
civil
penalty
imposed
by
a
9
citation
resulting
from
the
use
of
an
automated
traffic
law
10
enforcement
system
shall
not
exceed
the
amount
of
the
fine
for
11
a
scheduled
violation
under
section
805.8A
for
the
same
or
a
12
similar
violation
of
this
chapter.
13
f.
An
automated
traffic
law
enforcement
system
working
14
in
conjunction
with
a
speed
measuring
device
or
official
15
traffic-control
signal
shall
comply
with
the
generally
accepted
16
procedures
for
operating
the
system.
An
automated
traffic
law
17
enforcement
system
shall
verify
its
internal
calibrations
on
a
18
daily
basis.
If
the
daily
internal
calibration
is
not
valid,
19
the
system
shall
not
operate
until
a
successful
calibration
20
is
subsequently
conducted.
In
addition
to
the
daily
internal
21
calibration,
a
monthly
calibration
shall
be
conducted
by
a
22
person
trained
in
the
calibration
of
the
system.
A
person
23
trained
in
the
calibration
of
a
mobile
automated
traffic
law
24
enforcement
system
shall
also
conduct
a
calibration
prior
to
25
the
use
of
the
mobile
system
after
any
change
in
location.
26
A
local
authority,
or
another
entity
on
a
local
authority’s
27
behalf,
operating
an
automated
traffic
law
enforcement
28
system
shall
maintain
a
monthly
log
detailing
whether
the
29
local
authority
or
entity
successfully
performed
the
daily
30
and
monthly
calibrations.
The
log
and
documentation
of
the
31
calibrations
shall
be
admissible
in
any
court
proceeding
32
relating
to
an
official
traffic-control
signal
violation
33
pursuant
to
section
321.257
or
a
speed
limit
violation
pursuant
34
to
section
321.285.
35
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g.
A
local
authority
shall
maintain
or
compile
records
1
relating
to
the
number
of
traffic
violations
and
number
2
of
traffic
accidents
for
all
locations
at
which
the
local
3
authority,
or
another
entity
on
a
local
authority’s
behalf,
4
operates
or
intends
to
operate
an
automated
traffic
law
5
enforcement
system.
Such
records
shall
be
maintained
or
6
compiled
by
the
local
authority
for
one
year
prior
to
the
7
installation
of
the
automated
traffic
law
enforcement
system
8
and
for
each
year
the
automated
traffic
law
enforcement
9
system
is
in
operation.
Such
records
shall
be
available
for
10
examination
to
the
same
extent
allowed
in
section
22.2.
A
11
local
authority
with
an
automated
traffic
law
enforcement
12
system
operating
within
its
jurisdiction
shall
file
an
annual
13
report
with
the
general
assembly
on
or
before
December
31
of
14
each
year
detailing
the
effectiveness
of
each
automated
traffic
15
law
enforcement
system
operating
within
its
jurisdiction.
An
16
annual
report
shall
include
the
justification
report
described
17
in
paragraph
“b”
and
shall
also
include
but
not
be
limited
to
18
information
relating
to
increases
or
decreases
in
the
number
of
19
speed
limit
violations,
violations
of
official
traffic-control
20
signals,
and
traffic
accidents.
21
h.
Prior
to
a
local
authority
placing
an
automated
traffic
22
law
enforcement
system
on
a
primary
road,
the
local
authority
23
shall
obtain
approval
from
the
department
in
accordance
24
with
rules
adopted
by
the
department.
A
local
authority
25
shall
submit
to
the
department
any
information
requested
by
26
the
department
during
the
approval
process.
If
the
local
27
authority’s
use
of
the
system
is
approved
by
the
department,
28
the
local
authority
shall
follow
the
requirements
set
forth
29
in
rules
adopted
by
the
department.
The
department
may
30
modify
its
rules
relating
to
automated
traffic
law
enforcement
31
systems
to
the
extent
necessary
to
ensure
automated
traffic
32
law
enforcement
systems
are
operated
in
a
safe
and
equitable
33
manner.
This
paragraph
“h”
shall
not
apply
to
an
automated
34
traffic
law
enforcement
system
approved
or
allowed
to
operate
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in
accordance
with
rules
adopted
by
the
department
and
in
1
operation
prior
to
January
1,
2017.
A
local
authority
may
2
continue
to
operate
such
a
system
in
the
same
manner
as
the
3
system
was
operated
prior
to
January
1,
2017.
However,
after
a
4
local
authority
discontinues
operation
of
such
a
system,
any
5
new
manner
of
operation
or
new
system
operated
by
the
local
6
authority
shall
comply
with
this
paragraph
“h”
.
The
department
7
shall
have
the
authority
to
annually
review
all
automated
8
traffic
law
enforcement
systems
placed
on
primary
roads
and
9
shall
have
the
authority
to
require
removal
or
modification
of
10
such
systems.
11
i.
A
local
authority
shall
designate
a
process
by
which
12
a
person
may
appeal
a
citation
issued
through
the
use
of
an
13
automated
traffic
law
enforcement
system,
which
at
a
minimum
14
shall
provide
for
all
of
the
following:
15
(1)
An
appeal
to
an
impartial
body
created
by
the
local
16
authority
to
review
citations
issued
through
the
use
of
17
automated
traffic
law
enforcement
systems.
18
(2)
Following
a
decision
from
the
impartial
body
that
is
19
adverse
to
the
person,
an
appeal
to
the
district
court,
sitting
20
in
small
claims,
of
the
county
in
which
the
local
authority
is
21
located.
22
j.
(1)
A
local
authority
shall
authorize
a
petition
process
23
by
which
citizens
within
the
local
authority
may
petition
for
24
the
removal
of
a
fixed
automated
traffic
law
enforcement
system
25
or
the
disapproval
of
a
location
approved
for
the
use
of
mobile
26
automated
traffic
law
enforcement
systems
in
accordance
with
27
this
section.
Petitions
under
this
paragraph
“j”
shall
be
28
specific
to
one
fixed
system
or
one
location
approved
for
the
29
use
of
mobile
systems.
30
(2)
If
the
local
authority
is
a
city,
a
petition
brought
31
under
this
paragraph
“j”
is
valid
if
it
is
signed
by
a
number
32
of
eligible
electors
of
the
city
equal
to
or
greater
than
ten
33
percent
of
the
number
of
persons
who
voted
in
the
last
regular
34
city
election.
The
petition
shall
include
the
signatures
of
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the
petitioners,
the
places
of
residence
of
the
petitioners,
1
and
the
date
on
which
the
petitioners
signed
the
petition.
2
(3)
If
the
local
authority
is
a
county,
a
petition
brought
3
under
this
paragraph
“j”
is
valid
if
it
is
signed
by
a
number
4
of
eligible
electors
of
the
county
equal
to
or
greater
than
5
ten
percent
of
the
number
of
votes
cast
in
the
county
in
the
6
last
presidential
election.
The
petition
shall
include
the
7
signatures
of
the
petitioners,
the
places
of
residence
of
the
8
petitioners,
and
the
date
on
which
the
petitioners
signed
the
9
petition.
10
(4)
If
a
petition
is
valid
as
provided
in
this
paragraph
11
“j”
,
the
city
council
or
county
board
of
supervisors,
as
12
applicable,
shall
vote
on
whether
to
repeal
the
ordinance
13
allowing
the
operation
of
the
fixed
system
or
approving
the
14
location
for
the
use
of
mobile
systems.
15
(5)
If
a
city
council
or
county
board
of
supervisors
has
16
voted
pursuant
to
subparagraph
(4),
a
new
petition
for
the
same
17
fixed
system
or
the
same
location
approved
for
use
of
mobile
18
systems
shall
not
be
valid
for
three
years
after
the
date
of
19
the
vote.
20
k.
A
local
authority
that
operates
an
automated
traffic
21
law
enforcement
system
in
violation
of
this
section
shall
be
22
precluded
from
operating
any
automated
traffic
law
enforcement
23
system
for
a
period
of
two
years.
A
citizen
residing
within
24
the
jurisdiction
of
a
local
authority
which
violates
this
25
section
shall
be
allowed
to
file
suit
to
enjoin
the
local
26
authority
from
operating
an
automated
traffic
law
enforcement
27
system
in
accordance
with
this
paragraph
“k”
.
28
3.
All
moneys
collected
by
a
local
authority
from
citations
29
issued
as
a
result
of
the
use
of
an
automated
traffic
law
30
enforcement
system,
less
the
amount
necessary
for
the
31
installation,
operation,
and
maintenance
of
the
automated
32
traffic
law
enforcement
system,
shall
be
deposited
in
the
33
account
or
accounts
maintained
by
the
local
authority
for
34
moneys
appropriated
to
the
local
authority
from
the
secondary
35
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220
road
fund
or
street
construction
fund
of
the
cities,
or
shall
1
be
deposited
in
any
account
and
used
for
the
purposes
of
public
2
safety.
This
subsection
shall
not
apply
to
moneys
collected
3
for
court
costs
or
other
associated
costs,
the
criminal
penalty
4
surcharge
required
by
section
911.1,
or
the
county
enforcement
5
surcharge
required
by
section
911.4,
as
applicable.
6
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