Bill Text: IA HF249 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act prohibiting the use of automated or remote systems for traffic law enforcement, including prohibiting the sharing of related information, requiring the removal of existing systems, and invalidating associated citations, and including effective date provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-01-27 - Introduced, referred to Public Safety. H.J. 211. [HF249 Detail]

Download: Iowa-2021-HF249-Introduced.html
House File 249 - Introduced HOUSE FILE 249 BY WHEELER A BILL FOR An Act prohibiting the use of automated or remote systems 1 for traffic law enforcement, including prohibiting the 2 sharing of related information, requiring the removal of 3 existing systems, and invalidating associated citations, and 4 including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1651YH (3) 89 th/ns
H.F. 249 Section 1. NEW SECTION . 321.492C Use of automated or remote 1 systems for traffic law enforcement prohibited —— sharing related 2 information prohibited. 3 1. The state or a political subdivision of the state shall 4 not place or cause to be placed on or adjacent to a highway, or 5 maintain or employ the use of, any automated or remote system 6 for traffic law enforcement. 7 2. The department of transportation and the department of 8 public safety shall not share or provide information used to 9 impose or collect a civil penalty that results from a violation 10 captured by an automated or remote system for traffic law 11 enforcement through any existing interstate compact that does 12 not specifically allow or require information to be shared or 13 provided for that explicit purpose. 14 3. For purposes of this section, “automated or remote system 15 for traffic law enforcement” means a camera or other optical 16 device designed to work in conjunction with an official traffic 17 control signal or speed measuring device to identify motor 18 vehicles operating in violation of traffic laws, the use of 19 which results in the issuance of citations sent through the 20 mail or by electronic means. 21 Sec. 2. REMOVAL OF AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC 22 LAW ENFORCEMENT —— PRIOR NOTICES AND CITATIONS INVALID. Prior 23 to July 1, 2021, a local authority using an automated or 24 remote system for traffic law enforcement shall discontinue 25 using the system and remove the system equipment. On and 26 after the effective date of this Act, all local ordinances 27 authorizing the use of automated or remote systems for traffic 28 law enforcement are void. On and after the effective date of 29 this Act, all citations issued or mailed pursuant to such an 30 ordinance are invalidated by the enactment of this Act. 31 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 32 importance, takes effect upon enactment. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 1651YH (3) 89 th/ns 1/ 2
H.F. 249 the explanation’s substance by the members of the general assembly. 1 This bill prohibits the state or a political subdivision of 2 the state from placing or causing to be placed on or adjacent 3 to a highway, or maintaining or employing the use of, any 4 automated or remote system for traffic law enforcement (ATE 5 system). 6 The bill prohibits the department of transportation and the 7 department of public safety from providing information used to 8 impose or collect a civil penalty that results from a violation 9 captured by an ATE system through an existing interstate 10 compact agreement unless the agreement specifically allows or 11 requires that information to be shared or provided for that 12 specific purpose. 13 The bill defines “automated or remote system for traffic law 14 enforcement” to mean a camera or other optical device designed 15 to work in conjunction with an official traffic control signal 16 or speed measuring device to identify motor vehicles operating 17 in violation of traffic laws, the use of which results in the 18 issuance of citations sent through the mail or by electronic 19 means. 20 The bill requires that prior to July 1, 2021, a local 21 authority using an ATE system must discontinue using the system 22 and remove the system equipment. On and after the effective 23 date of the bill, all local ordinances authorizing the use 24 of ATE systems are void and all citations issued or mailed 25 pursuant to such an ordinance are invalidated. 26 The bill takes effect upon enactment. 27 -2- LSB 1651YH (3) 89 th/ns 2/ 2
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