Bill Text: IA HF774 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act regulating the use of automated traffic law enforcement systems, providing penalties, and including applicability provisions. (Formerly HF 674 and HSB 125.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-01-15 - Rereferred to Public Safety. H.J. 79. [HF774 Detail]
Download: Iowa-2019-HF774-Introduced.html
House
File
774
-
Introduced
HOUSE
FILE
774
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HF
674)
(SUCCESSOR
TO
HSB
125)
A
BILL
FOR
An
Act
regulating
the
use
of
automated
traffic
law
enforcement
1
systems,
providing
penalties,
and
including
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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774
Section
1.
Section
321.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
06B.
“Automated
traffic
law
enforcement
3
system”
means
a
device
or
devices
capable
of
producing
a
4
photographically
recorded
still
image
or
video
of
the
rear
of
5
a
motor
vehicle,
including
the
motor
vehicle’s
registration
6
plate,
which
device
or
devices
are
used
for
the
enforcement
of
7
laws
regulating
vehicular
traffic
and
work
in
conjunction
with
8
one
of
the
following:
9
a.
An
official
traffic-control
signal,
to
produce
recorded
10
images
of
motor
vehicles
entering
an
intersection
against
a
red
11
signal
light.
12
b.
A
speed
measuring
device,
to
produce
recorded
images
of
13
motor
vehicles
traveling
at
a
prohibited
rate
of
speed.
14
c.
A
railroad
grade
crossing
signal
light,
as
described
in
15
section
321.342,
to
produce
recorded
images
of
motor
vehicles
16
violating
the
signal
light.
17
d.
Any
official
traffic-control
device,
if
failure
to
comply
18
with
the
official
traffic-control
device
constitutes
a
moving
19
violation
under
this
chapter.
20
Sec.
2.
NEW
SECTION
.
321.492C
Automated
traffic
law
21
enforcement
systems.
22
1.
The
department
shall
not
place,
operate,
maintain,
23
or
employ
the
use
of
any
automated
traffic
law
enforcement
24
system.
The
department
shall
not
cause
to
be
placed
any
25
automated
traffic
law
enforcement
system
except
as
provided
in
26
this
section
or
in
rules
adopted
by
the
department
under
this
27
section.
28
2.
a.
(1)
A
local
authority,
or
another
entity
on
a
local
29
authority’s
behalf,
shall
not
operate
automated
traffic
law
30
enforcement
systems
without
approving
the
use
of
the
systems
31
following
an
established
self-certification
process.
The
32
self-certification
process
may
include
a
justification
report
33
as
described
in
paragraph
“b”
,
which
shall
be
made
readily
34
available
for
the
public
to
review,
and
a
public
hearing
35
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at
which
the
local
authority
shall
provide
evidence
of
a
1
demonstrated
safety
need
for
automated
traffic
law
enforcement
2
systems.
Notice
of
the
date,
time,
and
location
of
the
hearing
3
shall
be
published
in
the
manner
described
in
section
362.3.
4
A
local
authority
shall
adopt
an
ordinance
approving
the
use
5
and
operation
of
automated
traffic
law
enforcement
systems
in
6
its
jurisdiction
and
shall
publish
on
the
local
authority’s
7
internet
site
the
locations
at
which
the
local
authority,
or
8
another
entity
on
a
local
authority’s
behalf,
operates
or
9
intends
to
operate
automated
traffic
law
enforcement
systems.
10
(2)
A
local
authority
may
approve
the
operation
of
automated
11
traffic
law
enforcement
systems
only
if
the
systems
are
located
12
in
documented
high-crash
or
high-risk
locations
at
which
there
13
is
a
demonstrated
safety
need
for
the
systems.
The
local
14
authority
shall
demonstrate
the
safety
need
for
the
systems
15
based
on
the
volume
of
traffic,
the
history
of
motor
vehicle
16
accidents,
the
frequency
and
type
of
traffic
violations,
17
the
risk
to
peace
officers
employing
traditional
traffic
18
enforcement
methods,
any
additional
information
described
in
19
the
justification
report,
or
any
other
safety
criteria
deemed
20
appropriate
by
the
local
authority.
This
subparagraph
applies
21
for
each
location
at
which
a
local
authority,
or
another
entity
22
on
a
local
authority’s
behalf,
operates
or
intends
to
operate
a
23
fixed
or
mobile
automated
traffic
law
enforcement
system.
24
(3)
This
paragraph
does
not
apply
to
a
local
authority
that
25
has
installed
and
operated
fixed
or
mobile
automated
traffic
26
law
enforcement
systems
before
January
1,
2020.
27
b.
A
justification
report
may
provide
the
necessary
28
information
and
documentation
to
demonstrate
whether
an
area
is
29
a
high-crash
or
high-risk
location
and
may
include
but
is
not
30
limited
to
documentation
regarding
any
of
the
following:
31
(1)
Existing
traffic
speeds,
posted
speed
limits,
32
traffic
volumes,
and
intersection
or
roadway
geometry.
Such
33
documentation
shall
provide
assurance
that
existing
speed
34
limits
and
official
traffic-control
signal
timings
are
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774
appropriate
and
shall
describe
how
the
limits
and
timings
were
1
established.
2
(2)
The
applicable
motor
vehicle
accident
history,
3
including
accident
severity,
and
the
history
of
traffic
4
violations
for
accidents
occurring
at
the
location.
Such
5
documentation
shall
compare
accident
data
with
data
from
other
6
similar
locations
within
the
local
authority’s
jurisdiction,
7
other
similar
jurisdictions,
and
larger
metropolitan
areas.
8
(3)
The
identification
of
critical
traffic
safety
issues
9
related
to
the
data
required
by
subparagraphs
(1)
and
(2),
10
including
a
comprehensive
list
of
solutions
that
may
address
11
the
critical
traffic
safety
issues.
12
(4)
Other
solutions
or
safety
countermeasures
that
the
13
local
authority
has
implemented
along
with
those
that
the
14
local
authority
has
considered
but
not
implemented.
These
may
15
include
solutions
relating
to
law
enforcement,
engineering,
16
public
education
campaigns,
or
other
safety
countermeasures.
17
(5)
Discussions
held
and
actions
taken
by
the
local
18
authority
with
any
partnering
entities
that
have
resources
19
which
could
aid
in
the
reduction
of
accidents
attributable
20
to
violating
the
speed
limit
or
an
official
traffic-control
21
signal.
22
(6)
The
reason
or
reasons
the
local
authority
believes
an
23
automated
traffic
law
enforcement
system
is
the
best
solution
24
to
address
the
critical
traffic
safety
issues.
25
c.
A
local
authority,
or
another
entity
on
a
local
26
authority’s
behalf,
shall
not
operate
an
automated
traffic
law
27
enforcement
system
without
posting
signage
meeting
all
of
the
28
following
requirements:
29
(1)
For
a
fixed
automated
traffic
law
enforcement
system,
30
permanent
signs
advising
drivers
that
the
system
is
in
place
31
shall
be
posted
in
clear
and
present
view
of
passing
drivers
32
at
least
five
hundred
feet
but
no
more
than
one
thousand
feet
33
along
the
highway
in
advance
of
the
location
where
the
system
34
is
in
use.
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(2)
For
a
mobile
automated
traffic
law
enforcement
system,
1
temporary
or
permanent
signs
advising
drivers
that
the
system
2
is
in
place
shall
be
posted
in
clear
and
present
view
of
3
passing
drivers
at
least
five
hundred
feet
but
no
more
than
4
one
thousand
feet
along
the
highway
in
advance
of
the
location
5
where
the
system
is
in
use.
6
(3)
The
signage
shall
conform
to
the
manual
on
uniform
7
traffic-control
devices
as
adopted
by
the
department.
8
d.
A
local
authority,
or
another
entity
on
a
local
9
authority’s
behalf,
shall
not
issue
a
citation
resulting
from
10
the
use
of
an
automated
traffic
law
enforcement
system
until
an
11
active
peace
officer
of
the
local
authority
has
reviewed
and
12
approved
the
recorded
images
produced
by
the
system
to
affirm
13
that
a
violation
has
occurred.
14
e.
The
amount
of
the
fine
or
civil
penalty
imposed
by
a
15
citation
resulting
from
the
use
of
an
automated
traffic
law
16
enforcement
system
shall
not
exceed
the
amount
of
the
fine
for
17
a
scheduled
violation
under
section
805.8A
for
the
same
or
a
18
similar
violation
of
this
chapter.
19
f.
For
the
thirty-day
period
following
the
installation
of
20
a
local
authority’s
first
fixed
or
mobile
automated
traffic
21
law
enforcement
system,
a
warning
memorandum
shall
be
issued
22
and
mailed
to
the
owner
of
a
motor
vehicle
identified
by
the
23
system
in
lieu
of
any
citation.
This
paragraph
does
not
apply
24
to
a
local
authority
that
has
installed
and
operated
fixed
or
25
mobile
automated
traffic
law
enforcement
systems
before
January
26
1,
2020.
27
g.
An
automated
traffic
law
enforcement
system
working
28
in
conjunction
with
a
speed
measuring
device
or
official
29
traffic-control
signal
shall
comply
with
the
generally
30
accepted
procedures
for
operating
the
system.
An
automated
31
traffic
law
enforcement
system
shall
verify
its
internal
32
calibrations
no
less
frequently
than
is
recommended
by
33
the
system’s
manufacturer.
If
an
internal
calibration
is
34
not
valid,
the
system
shall
not
operate
until
a
successful
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calibration
is
subsequently
conducted.
In
addition
to
the
1
internal
calibration,
a
calibration
shall
be
conducted
by
a
2
person
trained
in
the
calibration
of
the
system
at
least
once
3
every
three
months,
which
calibration
may
be
conducted
using
4
a
calibrated
vehicle.
A
person
trained
in
the
calibration
5
of
a
mobile
automated
traffic
law
enforcement
system
shall
6
also
conduct
a
calibration
prior
to
the
use
of
the
mobile
7
system
after
any
change
in
location,
which
calibration
may
be
8
conducted
using
a
calibrated
vehicle.
A
local
authority,
or
9
another
entity
on
a
local
authority’s
behalf,
operating
an
10
automated
traffic
law
enforcement
system
shall
maintain
an
11
annual
log
detailing
whether
the
local
authority
or
entity
12
successfully
performed
the
required
calibrations
and
whether
13
the
system
successfully
performed
the
required
internal
14
calibrations.
The
log
and
documentation
of
the
calibrations
15
shall
be
admissible
in
any
court
proceeding
relating
to
an
16
official
traffic-control
signal
violation
or
a
speed
limit
17
violation.
18
h.
(1)
A
local
authority
shall
compile
and
maintain
19
records
relating
to
the
number
of
traffic
violations
and
20
number
of
traffic
accidents
for
all
locations
at
which
the
21
local
authority,
or
another
entity
on
a
local
authority’s
22
behalf,
operates
or
intends
to
operate
an
automated
traffic
23
law
enforcement
system.
Such
records
shall
be
compiled
and
24
maintained
by
the
local
authority
for
one
year
prior
to
the
25
installation
of
the
automated
traffic
law
enforcement
system
26
and
for
each
year
the
automated
traffic
law
enforcement
system
27
is
in
operation.
The
requirement
to
compile
and
maintain
28
records
for
one
year
prior
to
the
installation
of
an
automated
29
traffic
law
enforcement
system
does
not
apply
to
systems
30
installed
and
operated
before
January
1,
2020.
31
(2)
The
records
shall
be
available
for
examination
to
the
32
same
extent
allowed
in
section
22.2.
33
(3)
A
local
authority
with
an
automated
traffic
law
34
enforcement
system
operating
within
its
jurisdiction
shall
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submit
an
annual
report
to
the
general
assembly
on
or
before
1
December
31
of
each
year
detailing
the
effectiveness
of
each
2
automated
traffic
law
enforcement
system
operating
within
its
3
jurisdiction.
An
annual
report
may
include
the
justification
4
report
described
in
paragraph
“b”
and
shall
include
but
not
be
5
limited
to
information
relating
to
increases
or
decreases
in
6
the
number
of
speed
limit
violations,
violations
of
official
7
traffic-control
signals,
and
traffic
accidents.
8
i.
Prior
to
a
local
authority
placing
an
automated
traffic
9
law
enforcement
system
on
a
primary
road,
the
local
authority
10
shall
obtain
approval
from
the
department
in
accordance
11
with
rules
adopted
by
the
department.
A
local
authority
12
shall
submit
to
the
department
any
information
requested
by
13
the
department
during
the
approval
process.
If
the
local
14
authority’s
use
of
the
system
is
approved
by
the
department,
15
the
local
authority
shall
follow
the
requirements
set
forth
16
in
rules
adopted
by
the
department.
The
department
may
adopt
17
or
modify
rules
relating
to
automated
traffic
law
enforcement
18
systems
to
the
extent
necessary
to
ensure
automated
traffic
19
law
enforcement
systems
are
operated
in
a
safe
and
equitable
20
manner.
The
department
shall
have
the
authority
to
annually
21
review
all
automated
traffic
law
enforcement
systems
placed
on
22
primary
roads
and
shall
have
the
authority
to
require
removal
23
or
modification
of
such
systems.
This
paragraph
does
not
apply
24
to
an
automated
traffic
law
enforcement
system
in
operation
25
prior
to
January
1,
2020.
A
local
authority
may
continue
26
to
operate
such
a
system
in
the
same
manner
as
the
system
27
was
operated
prior
to
January
1,
2020.
However,
on
or
after
28
January
1,
2020,
when
a
local
authority
discontinues
operation
29
of
such
a
system,
any
new
manner
of
operation
or
new
system
30
operated
by
the
local
authority
on
a
primary
road
shall
comply
31
with
this
paragraph.
32
j.
(1)
A
local
authority
shall
designate
a
process
by
which
33
a
person
may
appeal
a
citation
issued
through
the
use
of
an
34
automated
traffic
law
enforcement
system,
which
at
a
minimum
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shall
provide
for
one
of
the
following:
1
(a)
An
appeal
by
means
of
an
administrative
process
2
created
by
ordinance
adopted
by
the
local
authority
to
review
3
citations
issued
through
the
use
of
automated
traffic
law
4
enforcement
systems.
If
a
person
appeals
in
this
manner,
the
5
decision
resulting
from
the
administrative
process
shall
serve
6
as
a
determination
of
liability
owed
to
the
local
authority
7
without
the
need
for
any
other
municipal
or
civil
infraction
8
proceedings.
9
(b)
An
appeal
to
the
district
court,
sitting
in
small
10
claims,
of
the
county
in
which
the
local
authority
is
located.
11
(2)
A
person
may
appeal
a
citation
as
provided
in
12
subparagraph
(1)
within
a
reasonable
period
of
time
of
the
13
citation
being
issued
as
set
forth
by
the
local
authority
by
14
ordinance.
If
a
person
does
not
appeal
the
citation
within
15
the
required
period
of
time,
the
citation
shall
serve
as
16
a
determination
of
liability
owed
to
the
local
authority
17
without
the
need
for
any
other
municipal
or
civil
infraction
18
proceedings.
19
(3)
Decisions
on
appeals
made
under
subparagraph
(1)
may
be
20
appealed
as
provided
by
law.
21
k.
The
department
is
authorized
to
enforce
this
section
22
and
shall
notify
a
local
authority
of
any
alleged
violation
23
of
this
section,
which
alleged
violation
shall
be
subject
to
24
contested
case
proceedings
pursuant
to
chapter
17A.
A
local
25
authority
found
to
have
been
operating
an
automated
traffic
26
law
enforcement
system
in
violation
of
this
section
shall
27
be
precluded
from
operating
a
similar
automated
traffic
law
28
enforcement
system
for
a
period
of
two
years.
29
3.
Of
the
moneys
collected
by
a
local
authority
from
30
citations
issued
as
a
result
of
the
use
of
an
automated
traffic
31
law
enforcement
system,
less
the
amount
necessary
for
the
32
installation,
operation,
and
maintenance
of
the
automated
33
traffic
law
enforcement
system,
forty
percent
shall
be
used
by
34
the
local
authority
for
purposes
of
public
safety
and
sixty
35
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774
percent
shall
be
transferred
to
the
treasurer
of
state
and
1
deposited
in
the
general
fund
of
the
state.
Moneys
deposited
2
in
the
general
fund
of
the
state
pursuant
to
this
subsection
3
are
appropriated
to
the
department
of
public
safety
for
4
allocation
among
the
divisions
of
the
department
of
public
5
safety.
6
Sec.
3.
APPLICABILITY.
Except
as
otherwise
provided
in
7
this
Act,
this
Act
applies
to
the
placement
and
operation
of
8
automated
traffic
law
enforcement
systems
on
or
after
July
1,
9
2019.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
regulates
the
use
of
automated
traffic
law
14
enforcement
systems
(systems).
15
OPERATION
BY
DEPARTMENT
OF
TRANSPORTATION.
The
bill
16
prohibits
the
department
of
transportation
(DOT)
from
placing,
17
operating,
maintaining,
or
employing
the
use
of
any
system,
and
18
prohibits
the
DOT
from
causing
to
be
placed
any
system
except
19
as
provided
in
the
bill.
20
OPERATION
BY
LOCAL
AUTHORITIES.
The
bill
prohibits
a
21
local
authority,
or
another
entity
on
a
local
authority’s
22
behalf,
from
operating
systems
without
approving
the
use
of
the
23
systems
following
an
established
self-certification
process.
24
The
self-certification
process
may
include
a
justification
25
report
and
a
public
hearing.
A
local
authority
must
adopt
an
26
ordinance
approving
the
use
and
operation
of
systems
in
its
27
jurisdiction
and
must
publish
on
the
local
authority’s
internet
28
site
the
locations
at
which
the
local
authority,
or
another
29
entity
on
a
local
authority’s
behalf,
operates
or
intends
30
to
operate
the
systems.
The
bill
allows
a
local
authority
31
to
approve
the
operation
of
systems
only
if
the
systems
are
32
located
in
documented
high-crash
or
high-risk
locations
at
33
which
there
is
a
demonstrated
safety
need
for
the
systems.
The
34
local
authority
is
required
to
demonstrate
the
safety
need
35
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for
the
systems
based
on
the
volume
of
traffic,
the
history
1
of
motor
vehicle
accidents,
the
frequency
and
type
of
traffic
2
violations,
the
risk
to
peace
officers
employing
traditional
3
traffic
enforcement
methods,
any
additional
information
4
described
in
the
justification
report,
or
any
other
safety
5
criteria
deemed
appropriate
by
the
local
authority.
These
6
provisions
do
not
apply
to
a
local
authority
that
has
installed
7
and
operated
systems
before
January
1,
2020.
8
JUSTIFICATION
REPORT.
A
justification
report
may
provide
9
the
necessary
information
and
documentation
to
demonstrate
10
whether
an
area
is
a
high-crash
or
high-risk
location
and
may
11
include
the
types
of
documentation
set
forth
in
the
bill.
12
SIGNAGE.
The
bill
prohibits
a
local
authority,
or
another
13
entity
on
a
local
authority’s
behalf,
from
operating
a
14
system
without
posting
required
signage.
For
a
fixed
system,
15
permanent
signs
advising
drivers
that
the
system
is
in
place
16
must
be
posted
in
clear
and
present
view
of
passing
drivers
at
17
least
500
feet
but
no
more
than
1,000
feet
along
the
highway
18
in
advance
of
the
location
where
the
system
is
in
use.
For
a
19
mobile
system,
temporary
or
permanent
signs
advising
drivers
20
that
the
system
is
in
place
must
be
posted
in
clear
and
present
21
view
of
passing
drivers
at
least
500
feet
but
no
more
than
22
1,000
feet
along
the
highway
in
advance
of
the
location
where
23
the
system
is
in
use.
The
bill
requires
the
signage
to
conform
24
to
the
manual
on
uniform
traffic-control
devices
as
adopted
by
25
the
DOT.
26
CITATIONS,
FINES,
AND
WARNINGS.
The
bill
prohibits
a
27
local
authority,
or
another
entity
on
a
local
authority’s
28
behalf,
from
issuing
a
citation
resulting
from
the
use
of
a
29
system
until
an
active
peace
officer
of
the
local
authority
30
has
reviewed
and
approved
the
recorded
images
produced
by
the
31
system
to
affirm
that
a
violation
has
occurred.
The
amount
of
32
the
fine
or
civil
penalty
imposed
by
a
citation
resulting
from
33
the
use
of
a
system
must
not
exceed
the
amount
of
the
fine
for
34
a
scheduled
violation
under
Code
section
805.8A
(motor
vehicle
35
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and
transportation
scheduled
violations)
for
the
same
or
a
1
similar
violation
of
Code
chapter
321
(motor
vehicles
and
law
2
of
the
road).
3
For
30
days
following
the
installation
of
a
local
4
authority’s
first
system,
a
warning
memorandum
must
be
issued
5
and
mailed
to
the
owner
of
a
motor
vehicle
identified
by
the
6
system
in
lieu
of
any
citation.
However,
this
provision
does
7
not
apply
to
a
local
authority
that
has
installed
and
operated
8
systems
before
January
1,
2020.
9
SYSTEM
CALIBRATIONS.
The
bill
requires
a
system
working
10
in
conjunction
with
a
speed
measuring
device
or
official
11
traffic-control
signal
to
comply
with
the
generally
accepted
12
procedures
for
operating
the
system.
A
system
must
verify
its
13
internal
calibrations
no
less
frequently
than
is
recommended
14
by
the
system’s
manufacturer.
If
an
internal
calibration
is
15
not
valid,
the
bill
prohibits
a
system
from
operating
until
a
16
successful
calibration
is
subsequently
conducted.
17
The
bill
also
requires
a
calibration
to
be
conducted
by
a
18
person
trained
in
the
calibration
of
the
system
at
least
once
19
every
three
months,
and
for
a
mobile
system,
prior
to
the
use
20
of
the
mobile
system
after
any
change
in
location.
A
local
21
authority,
or
another
entity
on
a
local
authority’s
behalf,
22
must
maintain
an
annual
log
of
the
calibrations.
The
log
and
23
documentation
of
the
calibrations
is
admissible
in
any
court
24
proceeding
relating
to
an
official
traffic-control
signal
25
violation
or
a
speed
limit
violation.
26
RECORDS
AND
REPORTS.
The
bill
requires
a
local
authority
27
to
compile
and
maintain
records
relating
to
the
number
of
28
traffic
violations
and
number
of
traffic
accidents
for
all
29
locations
at
which
the
local
authority,
or
another
entity
on
30
a
local
authority’s
behalf,
operates
or
intends
to
operate
a
31
system.
Such
records
must
be
compiled
and
maintained
by
the
32
local
authority
for
one
year
prior
to
the
installation
of
the
33
system
and
for
each
year
the
system
is
in
operation.
However,
34
the
requirement
to
compile
and
maintain
records
for
one
year
35
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12
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774
prior
to
the
installation
of
a
system
does
not
apply
to
systems
1
installed
and
operated
before
January
1,
2020.
2
The
bill
requires
a
local
authority
with
a
system
operating
3
within
its
jurisdiction
to
submit
an
annual
report
to
the
4
general
assembly
on
or
before
December
31
of
each
year
5
detailing
the
effectiveness
of
each
system
operating
within
its
6
jurisdiction.
7
SYSTEMS
ON
PRIMARY
ROADS.
Prior
to
a
local
authority
8
placing
a
system
on
a
primary
road,
the
local
authority
must
9
obtain
approval
from
the
DOT.
A
local
authority
must
submit
10
to
the
DOT
any
information
requested
by
the
DOT
during
the
11
approval
process.
If
the
local
authority’s
use
of
the
system
12
is
approved
by
the
DOT,
the
local
authority
must
follow
the
13
requirements
set
forth
in
rules
adopted
by
the
DOT.
The
bill
14
authorizes
the
DOT
to
annually
review
all
systems
placed
15
on
primary
roads
and
allows
the
DOT
to
require
removal
or
16
modification
of
such
systems.
These
provisions
do
not
apply
17
to
a
system
in
operation
prior
to
January
1,
2020.
A
local
18
authority
may
continue
to
operate
such
a
system
in
the
same
19
manner
as
the
system
was
operated
prior
to
January
1,
2020.
20
However,
on
or
after
January
1,
2020,
when
a
local
authority
21
discontinues
operation
of
such
a
system,
any
new
manner
of
22
operation
or
new
system
operated
by
the
local
authority
on
a
23
primary
road
must
comply.
24
APPEALS.
The
bill
requires
a
local
authority
to
designate
a
25
process
by
which
a
person
may
appeal
a
citation
issued
through
26
the
use
of
a
system,
which
at
a
minimum
must
provide
for
either
27
an
appeal
by
an
administrative
process
created
by
ordinance
28
adopted
by
the
local
authority
or
an
appeal
to
the
district
29
court,
sitting
in
small
claims,
of
the
county
in
which
the
30
local
authority
is
located.
31
VIOLATIONS
BY
LOCAL
AUTHORITY.
The
bill
authorizes
the
DOT
32
to
enforce
the
bill
and
requires
the
DOT
to
notify
a
local
33
authority
of
any
alleged
violation
of
the
bill,
which
alleged
34
violation
is
subject
to
contested
case
proceedings
pursuant
35
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ns/rh
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12
H.F.
774
to
Code
chapter
17A.
A
local
authority
found
to
have
been
1
operating
a
system
in
violation
of
the
bill
shall
be
precluded
2
from
operating
a
similar
system
for
a
period
of
two
years.
3
USE
OF
REVENUE.
Of
the
moneys
collected
by
a
local
authority
4
from
citations
issued
as
a
result
of
the
use
of
a
system,
less
5
the
amount
necessary
for
the
installation,
operation,
and
6
maintenance
of
the
system,
40
percent
must
be
used
by
the
local
7
authority
for
purposes
of
public
safety
and
60
percent
must
8
be
transferred
to
the
treasurer
of
state
and
deposited
in
the
9
general
fund
of
the
state.
Moneys
deposited
in
the
general
10
fund
of
the
state
pursuant
to
the
bill
are
appropriated
to
the
11
department
of
public
safety
for
allocation
among
the
divisions
12
of
the
department
of
public
safety.
13
APPLICABILITY.
Except
as
otherwise
provided
in
the
bill,
14
the
bill
applies
to
the
placement
and
operation
of
systems
on
15
or
after
July
1,
2019.
16
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2150HZ
(2)
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ns/rh
12/
12
