House File 2681 - Reprinted HOUSE FILE 2681 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 740) (As Amended and Passed by the House April 9, 2024 ) A BILL FOR An Act relating to automated traffic systems, including for 1 traffic law enforcement and for capture of registration 2 plate images, providing penalties, and including effective 3 date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 2681 (2) 90 th/ns/md

H.F. 2681 DIVISION I 1 AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT —— 2 AUTOMATIC REGISTRATION PLATE READERS 3 Section 1. NEW SECTION . 321P.1 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Automated or remote system for traffic law enforcement” 7 or “system” means a camera or other optical device designed to 8 work in conjunction with a speed measuring device to detect 9 motor vehicles being operated in violation of the speed limit, 10 the use of which results in the issuance of citations sent 11 through the mail or by electronic means. 12 2. “Critical traffic safety issues” include traffic 13 violations resulting in a traffic collision or accident and 14 traffic collisions and accidents resulting in serious injury or 15 death occurring at a location. 16 3. “Department” means the state department of 17 transportation. 18 4. “Local authority” means a county or municipality 19 having authority to adopt local police regulations under the 20 Constitution of the State of Iowa and laws of this state. 21 Sec. 2. NEW SECTION . 321P.2 Permit required —— local 22 ordinances. 23 1. A person shall not use an automated or remote system 24 for traffic law enforcement unless authorized under this 25 chapter. A local authority shall not adopt, enforce, or 26 otherwise administer an ordinance authorizing the use of a 27 system, and shall not use a system, unless the local authority 28 holds a valid permit to use a system at the system’s location. 29 Notwithstanding section 331.302, subsection 6, and section 30 380.3, the governing body of a local authority that is 31 considering an ordinance to authorize or implement traffic law 32 enforcement by automated or remote systems shall not suspend 33 the requirements of section 331.302, subsection 6, or section 34 380.3, as applicable. 35 -1- HF 2681 (2) 90 th/ns/md 1/ 9

H.F. 2681 2. A local authority may apply for a permit by submitting 1 an application to the department in a manner determined by 2 the department. The department may approve or disapprove 3 the application for a permit based on the department’s 4 determination that a system is appropriate and necessary and 5 the least restrictive means to address the critical traffic 6 safety issues at a location. The department shall only issue 7 one permit for a local authority, which shall set forth all 8 locations at which a local authority is authorized to use a 9 system. A local authority may submit an application to the 10 department to update the local authority’s permit with a new 11 location in the same manner and with the same information as 12 required for the initial permit. An application for a permit 13 must contain all of the following for a location at which the 14 local authority intends to operate a system: 15 a. Records detailing the number and description of traffic 16 violations at the location, which shall be compiled and 17 maintained by the local authority for at least one year prior 18 to the installation of the system and for each year the system 19 is in operation. The records shall be considered public 20 records for purposes of chapter 22. 21 b. Records detailing the number and severity of traffic 22 collisions and accidents occurring at the location. 23 c. An analysis of existing traffic speed data, posted speed 24 limits, traffic volume data, and intersection and roadway 25 measurements of the location. The analysis must demonstrate to 26 the department that existing speed restrictions are appropriate 27 and must describe how the speed restrictions were established. 28 d. The proposed cause of critical traffic safety issues at 29 the location. 30 e. Alternative methods to improve traffic safety at the 31 location that the local authority has implemented or has 32 considered but declined to implement. Alternative methods 33 to improve traffic safety may include but are not limited to 34 changes relating to law enforcement practices, roadway or 35 -2- HF 2681 (2) 90 th/ns/md 2/ 9

H.F. 2681 intersection design, traffic control devices used, and public 1 education campaigns. 2 f. Details of discussions, if any, held with an entity 3 that has resources which may aid the reduction of traffic 4 collisions and accidents caused at the location by failure to 5 obey speed restrictions and subsequent actions taken by the 6 local authority. 7 g. An explanation detailing the reasons that the use of a 8 system at the location is appropriate and necessary and the 9 least restrictive means to address the critical traffic safety 10 issues. 11 Sec. 3. NEW SECTION . 321P.3 Use limited. 12 1. A local authority shall not use an automated or remote 13 system for traffic law enforcement to issue a citation for a 14 traffic violation unless the violation is for exceeding the 15 speed limit by more than ten miles per hour. 16 2. A local authority with a population of twenty thousand or 17 less based on the most recent federal decennial census shall 18 not use a mobile system to issue a citation for a traffic 19 violation. The department shall adopt rules pursuant to 20 chapter 17A otherwise authorizing and regulating the operation 21 of mobile systems, taking into consideration a mobile system’s 22 mobility, flexible usage, and the needs of a local authority to 23 control traffic speed to address critical traffic safety issues 24 at a location. However, the rules shall not authorize the use 25 of a mobile system other than in neighborhoods, construction 26 zones, school zones, including collegiate zones, and locations 27 where traffic enforcement is difficult or dangerous to enforce 28 by alternative methods. 29 3. A local authority, regardless of its population, may 30 issue a warning memorandum to the owner of a vehicle that was 31 operated in violation of a traffic law if the violation was 32 detected by an automated or remote system for traffic law 33 enforcement, including a mobile system. 34 Sec. 4. NEW SECTION . 321P.4 Automatic registration plate 35 -3- HF 2681 (2) 90 th/ns/md 3/ 9

H.F. 2681 readers —— data retention limited. 1 1. The operator of an automatic registration plate reader 2 or any associated data storage device shall permanently delete 3 from the plate reader and storage device, as applicable, every 4 image of a vehicle registration plate captured by the plate 5 reader, and any other accompanying data, no later than thirty 6 days after the image was captured. 7 2. Prior to deletion under subsection 1, an image of 8 a vehicle registration plate captured by an automatic 9 registration plate reader, and any other accompanying data, 10 may be copied and stored by a law enforcement agency if the 11 image and data are relevant to an ongoing criminal case or 12 investigation. The law enforcement agency shall maintain 13 the copied registration plate image and accompanying data in 14 accordance with the agency’s evidence retention policies. 15 Copies maintained by the law enforcement agency are not subject 16 to subsection 1. 17 3. For purposes of this section, “automatic registration 18 plate reader” or “plate reader” means a camera or other optical 19 device designed or programmed to automatically detect a 20 vehicle’s registration plate, or to automatically capture 21 or store an image of a vehicle’s registration plate and any 22 accompanying data. 23 4. A person who violates subsection 1 commits a simple 24 misdemeanor. 25 Sec. 5. NEW SECTION . 321P.5 Notice —— signage and reports. 26 1. a. A local authority shall not operate an automated or 27 remote system for traffic law enforcement at a fixed location 28 unless permanent signs meeting the requirements as specified in 29 the department manual on uniform traffic-control devices and 30 giving notice of the system are erected at least five hundred 31 feet but not more than one thousand feet along the approach of 32 the highway where the system is used. 33 b. A local authority shall not operate a mobile automated 34 or remote system for traffic law enforcement unless permanent 35 -4- HF 2681 (2) 90 th/ns/md 4/ 9

H.F. 2681 signs meeting the requirements as specified in the department 1 manual on uniform traffic-control devices and giving notice 2 of the local authority’s use of a mobile system within the 3 boundaries of the local authority are posted at every location 4 where a highway enters the boundaries of the local authority. 5 c. Signs required under this subsection shall be erected 6 by the local authority at the local authority’s expense at 7 least thirty days prior to a system enforcing any detected 8 violations. 9 2. A local authority using a system shall submit to the 10 department an annual report by March 1 of each year detailing 11 the number of traffic collisions and accidents that occurred at 12 each location where a system is in use, the number of citations 13 issued for each system during the previous calendar year, and 14 any other relevant information about the systems that the local 15 authority deems appropriate. The local authority shall post 16 the report on the local authority’s internet site, if the local 17 authority has an internet site. 18 Sec. 6. NEW SECTION . 321P.6 Enforcement. 19 1. A local authority shall not issue a citation or warning 20 memorandum for a violation detected by a system until a peace 21 officer of the local authority, or an individual trained and 22 certified by the local authority, has reviewed and approved 23 the recorded photograph or video to affirm a traffic violation 24 occurred. 25 2. a. For an excessive speed violation detected by a system 26 other than as provided in paragraph “b” , the fine shall not 27 exceed the following amounts: 28 (1) Seventy-five dollars for speed greater than ten miles 29 per hour in excess of the limit but not more than twenty miles 30 per hour in excess of the limit. 31 (2) One hundred dollars for speed greater than twenty miles 32 per hour in excess of the limit but not more than twenty-five 33 miles per hour in excess of the limit. 34 (3) Two hundred fifty dollars for speed greater than 35 -5- HF 2681 (2) 90 th/ns/md 5/ 9

H.F. 2681 twenty-five miles per hour in excess of the limit but not more 1 than thirty miles per hour in excess of the limit. 2 (4) Five hundred dollars for speed greater than thirty miles 3 per hour in excess of the limit. 4 b. For an excessive speed violation detected by a system in 5 a road work zone, as defined in section 321.1, the fine shall 6 not exceed the following amounts: 7 (1) One hundred fifty dollars for speed greater than ten 8 miles per hour in excess of the limit but not more than twenty 9 miles per hour in excess of the limit. 10 (2) Two hundred dollars for speed greater than twenty miles 11 per hour in excess of the limit but not more than twenty-five 12 miles per hour in excess of the limit. 13 (3) Five hundred dollars for speed greater than twenty-five 14 miles per hour in excess of the limit but not more than thirty 15 miles per hour in excess of the limit. 16 (4) One thousand dollars for speed greater than thirty miles 17 per hour in excess of the limit. 18 3. A system not in compliance with this chapter shall not 19 be used to detect violations. A citation issued while the 20 system is not in compliance with this chapter is void and 21 unenforceable. 22 4. A violation detected by an automated or remote system 23 for traffic law enforcement is a civil infraction. Such 24 a violation shall not be considered by the department of 25 transportation for purposes of driver’s license sanctions, 26 and shall not be considered by an insurer for purposes of a 27 person’s automobile insurance rates. The fine associated with 28 a citation issued by a local authority as the result of the use 29 of a system must be a civil penalty. 30 Sec. 7. NEW SECTION . 321P.7 Liability for violations 31 detected. 32 1. A citation for a violation detected by an automated or 33 remote system for traffic law enforcement shall be issued to 34 the owner of the identified motor vehicle. 35 -6- HF 2681 (2) 90 th/ns/md 6/ 9

H.F. 2681 2. a. Notwithstanding subsection 1, a local authority shall 1 provide the owner of a motor vehicle who receives a citation 2 for a violation detected by a system with an opportunity 3 to submit evidence that the owner was not operating the 4 motor vehicle at the time of the violation. As part of the 5 proceeding, the owner shall provide the name and address of the 6 person who was operating the motor vehicle at the time of the 7 violation. 8 b. Notwithstanding subsection 1, a citation issued to the 9 owner of a motor vehicle may be amended and issued to the 10 person identified under paragraph “a” who was operating the 11 motor vehicle. 12 3. For purposes of this section, “owner” means a person 13 who holds the legal title to a motor vehicle. However, if the 14 motor vehicle is the subject of a security agreement with a 15 right of possession in the debtor, the debtor is deemed the 16 owner for purposes of this section, or if the motor vehicle is 17 leased as defined in section 321.493, the lessee is deemed the 18 owner for purposes of this section. 19 Sec. 8. NEW SECTION . 321P.8 Restrictions on use of revenue. 20 A local authority shall not use any revenue received as 21 a result of the use of a system and retained by the local 22 authority, not including the cost to install, operate, and 23 maintain the system, other than for any of the following 24 purposes: 25 1. To fund transportation infrastructure improvement 26 projects. 27 2. To offset costs incurred relating to the operation of a 28 police department or fire department. 29 Sec. 9. NEW SECTION . 321P.9 Installation and maintenance. 30 1. A local authority shall install a system in a manner that 31 minimizes the effect of camera flash on drivers, if a camera 32 flash is used. 33 2. An automated or remote system for traffic law enforcement 34 must only record a photograph or video of the rear of a vehicle 35 -7- HF 2681 (2) 90 th/ns/md 7/ 9

H.F. 2681 and the vehicle’s registration plate while the vehicle is used 1 to commit an alleged traffic violation. A local authority 2 shall not install a system such that the system’s camera is 3 placed to capture the front of a motor vehicle or the face of 4 any person in the vehicle being recorded. In accordance with 5 section 321P.6, subsection 3, a citation issued by a system 6 that captures the front of a motor vehicle or the face of any 7 person in the vehicle is void and unenforceable. 8 3. A system must verify its internal calibrations daily, and 9 a person trained in the calibration of the system shall conduct 10 a monthly calibration. 11 4. A local authority operating a system shall maintain 12 a monthly log detailing whether a person trained in the 13 calibration of the system successfully performed the monthly 14 calibrations and whether the system successfully performed the 15 daily internal calibrations. 16 5. The log and documentation of the calibrations required 17 under this section are admissible in any court proceeding 18 relating to a violation detected by the system. 19 6. If a daily or monthly calibration is not successfully 20 performed, the system shall not operate until a successful 21 calibration is subsequently performed. 22 DIVISION II 23 EXISTING SYSTEMS 24 Sec. 10. EXISTING SYSTEMS. 25 1. A local authority using an automated or remote system for 26 traffic law enforcement prior to January 1, 2024, may submit 27 to the department of transportation by July 1, 2024, a list 28 of system locations and justifications for placement and use 29 of the systems at the locations in conformance with section 30 321P.2, as enacted by this Act, to the extent practicable, 31 as determined by the department. The department shall, by 32 October 1, 2024, issue a permit as provided in section 321P.2, 33 as enacted by this Act, to a local authority that provided 34 valid submissions in accordance with this subsection. A local 35 -8- HF 2681 (2) 90 th/ns/md 8/ 9

H.F. 2681 authority using a system prior to January 1, 2024, may continue 1 to use the system in the same manner and at the same locations 2 as the system was used on or before January 1, 2024, during 3 the period of time between the local authority’s submission to 4 the department and the date the department issues the permit 5 to the local authority, unless the system is a mobile system 6 prohibited under section 321P.3, as enacted by this Act. If, 7 on October 1, 2024, a local authority has not been issued a 8 permit by the department as a result of a submission that was 9 not timely filed, or due to a timely filed submission that did 10 not otherwise comply with this subsection, the local authority 11 shall cease using all systems until the local authority obtains 12 a permit from the department pursuant to section 321P.2, as 13 enacted by this Act. 14 2. A local authority using an automated or remote system 15 for traffic law enforcement at a location for the first time 16 on or after January 1, 2024, shall not be issued a permit by 17 the department of transportation pursuant to section 321P.2, as 18 enacted by this Act, before July 1, 2026. 19 Sec. 11. EFFECTIVE DATE. This division of this Act, being 20 deemed of immediate importance, takes effect upon enactment. 21 -9- HF 2681 (2) 90 th/ns/md 9/ 9