Iowa-2017-SF123-Introduced
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:
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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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