Senate File 516 - IntroducedA Bill ForAn Act 1prohibiting the use of automated or remote systems for
2traffic law enforcement, including prohibiting the sharing
3of related information, requiring the removal of existing
4systems, and providing exceptions, and including effective
5date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  321.492C  Use of automated or remote
2systems for traffic law enforcement prohibited — exceptions —
3sharing related information prohibited.
   41.  a.  The state or a political subdivision of the state
5shall not place or cause to be placed on or adjacent to a
6highway, or maintain or employ the use of, any automated or
7remote system for traffic law enforcement.
   8b.  Paragraph “a” does not apply to a segment of an
9interstate road along or reasonably preceding or succeeding
10an elevated portion of the road with two adjacent, or nearly
11so, circular curves with deflections in opposite directions
12located in a city having a population of between one hundred
13twenty thousand and one hundred thirty thousand based on the
142010 federal decennial census.
   152.  The department of transportation and the department of
16public safety shall not share or provide information used to
17impose or collect a civil penalty that results from a violation
18captured by an automated or remote system for traffic law
19enforcement through any existing interstate compact that does
20not specifically allow or require information to be shared or
21provided for that explicit purpose.
   223.  For purposes of this section, “automated or remote system
23for traffic law enforcement”
means a camera or other optical
24device designed to work in conjunction with an official traffic
25control signal or speed measuring device to identify motor
26vehicles operating in violation of traffic laws, the use of
27which results in the issuance of citations sent through the
28mail or by electronic means.
29   Sec. 2.  REMOVAL OF AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC
30LAW ENFORCEMENT — VALIDITY OF PRIOR NOTICES AND CITATIONS.
   311.  Prior to July 1, 2021, a local authority using an
32automated or remote system for traffic law enforcement shall
33discontinue using the system and remove the system equipment.
34Effective July 1, 2021, all local ordinances authorizing the
35use of automated or remote systems for traffic law enforcement
-1-1are void. However, any citation issued or mailed pursuant
2to such an ordinance prior to July 1, 2021, shall not be
3invalidated by the enactment of this Act and shall be processed
4according to the provisions of law under which the citation was
5authorized.
   62.  Subsection 1 does not apply to automated or remote
7systems for traffic law enforcement located as described in
8section 321.492C, subsection 1, paragraph “b”, as enacted in
9this Act, or to any associated ordinance or citation.
10   Sec. 3.  EFFECTIVE DATE.  The section of this Act relating
11to the removal of automated or remote systems for traffic law
12enforcement and the validity of prior citations, being deemed
13of immediate importance, takes effect upon enactment.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
   17This bill prohibits the state or a political subdivision of
18the state from placing or causing to be placed on or adjacent
19to a highway, or maintaining or employing the use of, any
20automated or remote system for traffic law enforcement (ATE
21system). This prohibition does not apply to a segment of an
22interstate road along or reasonably preceding or succeeding an
23elevated portion of the road with two adjacent circular curves
24with deflections in opposite directions located in a city
25having a population of between 120,000 and 130,000 based on the
262010 federal decennial census.
   27The bill prohibits the department of transportation and the
28department of public safety from providing information used to
29impose or collect a civil penalty that results from a violation
30captured by an ATE system through an existing interstate
31compact agreement unless the agreement specifically allows or
32requires that information to be shared or provided for that
33specific purpose. The bill does not provide an exception to
34this provision.
   35The bill defines “automated or remote system for traffic law
-2-1enforcement” to mean a camera or other optical device designed
2to work in conjunction with an official traffic control signal
3or speed measuring device to identify motor vehicles operating
4in violation of traffic laws, the use of which results in the
5issuance of citations sent through the mail or by electronic
6means.
   7The bill requires that prior to July 1, 2021, a local
8authority using an ATE system must discontinue using the system
9and remove the system equipment. Effective July 1, 2021, all
10local ordinances authorizing the use of ATE systems are void.
11However, the bill provides that any citation issued or mailed
12pursuant to such an ordinance prior to July 1, 2021, is not
13invalidated by the bill and must be processed according to the
14provisions of law under which the citation was authorized.
15This provision of the bill does not apply to ATE systems
16exempted from the prohibition, or to any associated ordinance
17or citation. This provision of the bill takes effect upon
18enactment.
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th/ns