Bill Text: IA SF123 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the enforcement of traffic laws, including authorizing peace officers employed by the department of transportation to make arrests for certain violations, prohibiting the use of automated or remote traffic law enforcement systems, and requiring the removal of existing systems, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-01-25 - Subcommittee: Garrett, Shipley, and Taylor. S.J. 131. [SF123 Detail]
Download: Iowa-2017-SF123-Introduced.html
Senate File 123 - Introduced SENATE FILE BY CHELGREN A BILL FOR 1 An Act relating to the enforcement of traffic laws, including 2 authorizing peace officers employed by the department of 3 transportation to make arrests for certain violations, 4 prohibiting the use of automated or remote traffic law 5 enforcement systems, and requiring the removal of existing 6 systems, and including effective date provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1344XS (3) 87 ns/nh PAG LIN 1 1 Section 1. Section 80.22, Code 2017, is amended to read as 1 2 follows: 1 3 80.22 Prohibition on other departments. 1 4AllExcept as provided in sections 321.476 and 321.477, 1 5 all other departments and bureaus of the state arehereby1 6 prohibited from employing special peace officers or conferring 1 7 upon regular employees any police powers to enforce provisions 1 8 of the statutes which are specifically reserved by 1939 Iowa 1 9 Acts, ch. 120, to the department of public safety.But 1 10However, the commissioner of public safety shall, upon the 1 11 requisition of the attorney general, from time to time assign 1 12 for service in the department of justice such of its officers, 1 13 not to exceed six in number, as may be requisitioned by the 1 14 attorney general for special service in the department of 1 15 justice, and when so assigned such officers shall be under the 1 16 exclusive direction and control of the attorney general. 1 17 Sec. 2. Section 321.477, Code 2017, is amended to read as 1 18 follows: 1 19 321.477 Employees as peace officers ==== maximum age. 1 20 1. The department may designate by resolution certain of 1 21 its employees upon each of whom there isherebyconferred the 1 22 authority of a peace officer to control and direct traffic and 1 23 weigh vehicles, and to make arrests for violations of the motor 1 24 vehicle laws relating to the operation of motor vehicles on the 1 25 highways of this state, the operating authority, registration, 1 26 size, weight, and load of motor vehicles and trailers, and the 1 27 registration of a motor carrier's interstate transportation 1 28 service with the department. 1 29 2. The maximum age for a person employed as a peace officer 1 30 pursuant to this section is sixty=five years of age. 1 31 Sec. 3. Section 321.492B, Code 2017, is amended to read as 1 32 follows: 1 33 321.492B Use ofunmanned aerial vehicleautomated or remote 1 34 systems for traffic law enforcement prohibited. 1 35 The state or a political subdivision of the state shall not 2 1use an unmanned aerial vehicleplace or cause to be placed on 2 2 or adjacent to a highway, or maintain or employ the use of, 2 3 any automated or remote system for traffic law enforcement 2 4 including but not limited to an unmanned aerial vehicle and any 2 5 device with one or more sensors working in conjunction with a 2 6 traffic=control signal or device, signal light, speed measuring 2 7 device, or parking meter device. 2 8 Sec. 4. REMOVAL OF AUTOMATED OR REMOTE TRAFFIC LAW 2 9 ENFORCEMENT SYSTEMS ==== VALIDITY OF PRIOR NOTICES AND 2 10 CITATIONS. On or before July 1, 2017, a local authority using 2 11 an automated or remote traffic law enforcement system shall 2 12 discontinue using the system and remove the system equipment. 2 13 Effective July 1, 2017, all local ordinances authorizing the 2 14 use of automated or remote traffic law enforcement systems are 2 15 void. However, any notice of violation mailed or any citation 2 16 issued pursuant to such an ordinance prior to July 1, 2017, 2 17 shall not be invalidated by the enactment of this Act and shall 2 18 be processed according to the provisions of the law under which 2 19 it was authorized. 2 20 Sec. 5. EFFECTIVE UPON ENACTMENT. The section of this 2 21 Act relating to the removal of automated or remote traffic 2 22 law enforcement systems and the validity of prior notices and 2 23 citations, being deemed of immediate importance, takes effect 2 24 upon enactment. 2 25 EXPLANATION 2 26 The inclusion of this explanation does not constitute agreement with 2 27 the explanation's substance by the members of the general assembly. 2 28 Under current law, departments and bureaus of the state, 2 29 other than the department of public safety (DPS), are 2 30 prohibited from employing special peace officers or conferring 2 31 upon regular employees any police powers to enforce laws which 2 32 are specifically reserved to DPS, including those laws related 2 33 to traffic on the public highways of the state. However, 2 34 certain employees of the department of transportation (DOT) 2 35 may be designated as peace officers authorized to control 3 1 and direct traffic and weigh vehicles, and to make arrests 3 2 for violations of the motor vehicle laws relating to the 3 3 operating authority, registration, size, weight, and load of 3 4 motor vehicles and trailers, and the registration of a motor 3 5 carrier's interstate transportation service with the DOT. 3 6 This bill authorizes peace officers employed by the DOT to 3 7 make arrests for violations of the motor vehicle laws relating 3 8 to the operation of motor vehicles on the highways of the 3 9 state. 3 10 The bill also imposes a statewide prohibition on the 3 11 placement and use of automated or remote traffic law 3 12 enforcement systems including but not limited to unmanned 3 13 aerial vehicles and any devices with one or more sensors 3 14 working in conjunction with a traffic=control signal or device, 3 15 signal light, speed measuring device, or parking meter device. 3 16 This provision of the bill takes effect July 1, 2017. 3 17 Local authorities that are currently using automated or 3 18 remote traffic law enforcement systems must discontinue their 3 19 use and remove related equipment on or before July 1, 2017. 3 20 On that date, all local ordinances authorizing the use of 3 21 automated or remote traffic law enforcement systems are void. 3 22 However, notices of violations mailed or citations issued prior 3 23 to July 1, 2017, are not invalidated by the bill and remain 3 24 enforceable. These provisions of the bill take effect upon 3 25 enactment. LSB 1344XS (3) 87 ns/nh
