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
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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  4    All Except as provided in sections 321.476 and 321.477,
  1  5 all other departments and bureaus of the state are hereby
  1  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 10  However, 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 is hereby conferred 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 of unmanned aerial vehicle automated or remote
  1 34 systems for traffic law enforcement prohibited.
  1 35    The state or a political subdivision of the state shall not
  2  1 use an unmanned aerial vehicle place 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.
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