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 SF 220 (4) 87 ns/nh/jh
S.F. 220 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 -1- SF 220 (4) 87 ns/nh/jh 1/ 8
S.F. 220 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 35 -2- SF 220 (4) 87 ns/nh/jh 2/ 8
S.F. 220 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. 35 -3- SF 220 (4) 87 ns/nh/jh 3/ 8
S.F. 220 (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 -4- SF 220 (4) 87 ns/nh/jh 4/ 8
S.F. 220 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 35 -5- SF 220 (4) 87 ns/nh/jh 5/ 8
S.F. 220 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 35 -6- SF 220 (4) 87 ns/nh/jh 6/ 8
S.F. 220 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 -7- SF 220 (4) 87 ns/nh/jh 7/ 8
S.F. 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 -8- SF 220 (4) 87 ns/nh/jh 8/ 8