Bill Text: IA SF220 | 2017-2018 | 87th General Assembly | Amended
Bill Title: A bill for an act regulating the use of automated traffic law enforcement systems, and providing a penalty. (Formerly SF 3.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-04-17 - Deferred. S.J. 955. [SF220 Detail]
Download: Iowa-2017-SF220-Amended.html
Senate File 220 - Reprinted SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 3) (As Amended and Passed by the Senate March 22, 2017) A BILL FOR 1 An Act regulating the use of automated traffic law enforcement 2 systems, and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: SF 220 (4) 87 ns/nh/jh PAG LIN 1 1 Section 1. Section 321.1, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5A. "Automated traffic law enforcement 1 4 system" means a device used for the enforcement of laws 1 5 regulating vehicular traffic and equipped with one or more 1 6 sensors working in conjunction with one of the following: 1 7 a. An official traffic=control signal, to produce recorded 1 8 images of motor vehicles entering an intersection against a red 1 9 signal light. 1 10 b. A speed measuring device, to produce recorded images of 1 11 motor vehicles traveling at a prohibited rate of speed. 1 12 c. A railroad grade crossing signal light, as described in 1 13 section 321.342, to produce recorded images of motor vehicles 1 14 violating the signal light. 1 15 d. Any official traffic=control device, if failure to comply 1 16 with the official traffic=control device constitutes a moving 1 17 violation under this chapter. 1 18 Sec. 2. NEW SECTION. 321.492C Automated traffic law 1 19 enforcement systems. 1 20 1. The department shall not place, operate, maintain, 1 21 or employ the use of any automated traffic law enforcement 1 22 system. The department shall not cause to be placed any 1 23 automated traffic law enforcement system except as provided in 1 24 this section or in rules adopted by the department under this 1 25 section. 1 26 2. a. A local authority, or another entity on a local 1 27 authority's behalf, shall not operate an automated traffic law 1 28 enforcement system without approving the use of the system 1 29 following an established self=certification process. The 1 30 self=certification process shall include a justification report 1 31 meeting the requirements of paragraph "b", which shall be 1 32 made readily available for the public to review, and a public 1 33 hearing at which the local authority shall provide evidence 1 34 of a demonstrated safety need for the automated traffic law 1 35 enforcement system. Notice of the date, time, and place of 2 1 the hearing shall be published in the manner described in 2 2 section 362.3. A public hearing may address several locations 2 3 at which a local authority intends to place an automated 2 4 traffic law enforcement system. However, a local authority 2 5 shall adopt an ordinance approving the use of an automated 2 6 traffic law enforcement system for each location at which the 2 7 local authority operates a fixed or mobile automated traffic 2 8 law enforcement system. A local authority may approve the 2 9 operation of an automated traffic law enforcement system 2 10 only if the system is located in a documented high=crash or 2 11 high=risk location at which there is a demonstrated safety 2 12 need for the system. The local authority shall demonstrate 2 13 the safety need for the system based on the volume of traffic, 2 14 the history of motor vehicle accidents, the frequency and type 2 15 of traffic violations, the risk to peace officers employing 2 16 traditional traffic enforcement methods, any additional 2 17 information required in the justification report, and any other 2 18 safety criteria deemed appropriate by the local authority. 2 19 These requirements shall apply for each location at which a 2 20 local authority, or another entity on a local authority's 2 21 behalf, operates a fixed or mobile automated traffic law 2 22 enforcement system. 2 23 b. A justification report shall provide all necessary 2 24 information and documentation to demonstrate whether an area is 2 25 a high=crash or high=risk location and shall include but not be 2 26 limited to documentation regarding all the following: 2 27 (1) Existing traffic speeds, posted speed limits, 2 28 traffic volumes, and intersection or roadway geometry. Such 2 29 documentation shall provide assurance that existing speed 2 30 limits and official traffic=control signal timings are 2 31 appropriate and shall describe how the limits and timings were 2 32 established. 2 33 (2) The applicable motor vehicle accident history, the 2 34 primary accident types, accident causes, accident severity, and 2 35 the history of any related traffic violations. Only accidents 3 1 attributable to violating the speed limit or an official 3 2 traffic=control signal shall be included in this report. Such 3 3 documentation shall compare accident data with data from other 3 4 similar locations within the local authority's jurisdiction, 3 5 other similar jurisdictions, and larger metropolitan areas. 3 6 (3) The identification of critical traffic safety issues 3 7 related to the data required by subparagraphs (1) and (2), 3 8 including a comprehensive list of solutions that may address 3 9 the critical traffic safety issues. 3 10 (4) Solutions or safety countermeasures that the local 3 11 authority has implemented along with those that the local 3 12 authority has considered but not implemented. These may 3 13 include solutions relating to law enforcement, engineering, 3 14 public education campaigns, or other safety countermeasures. 3 15 (5) Discussions held and actions taken by the local 3 16 authority with any partnering entities that have resources 3 17 which could aid in the reduction of accidents attributable 3 18 to violating the speed limit or an official traffic=control 3 19 signal. 3 20 (6) The reason or reasons the local authority believes an 3 21 automated traffic law enforcement system is the best solution 3 22 to address the critical traffic safety issues. 3 23 c. A local authority, or another entity on a local 3 24 authority's behalf, shall not operate an automated traffic law 3 25 enforcement system without posting signage meeting all of the 3 26 following requirements: 3 27 (1) For a fixed automated traffic law enforcement system, 3 28 permanent signs advising drivers that the system is in place 3 29 shall be posted in clear and present view of passing drivers in 3 30 advance of the location where the system is in use. 3 31 (2) For a mobile automated traffic law enforcement system, 3 32 temporary or permanent signs advising drivers that the system 3 33 is in place shall be posted in clear and present view of 3 34 passing drivers in advance of the location where the system is 3 35 in use. 4 1 (3) The signage conforms to the manual on uniform 4 2 traffic=control devices as adopted by the department. 4 3 d. A local authority, or another entity on a local 4 4 authority's behalf, shall not issue a citation resulting from 4 5 the use of an automated traffic law enforcement system until 4 6 an active peace officer of the local authority has reviewed 4 7 the citation and any relevant recorded images produced by the 4 8 system. 4 9 e. The amount of the fine or civil penalty imposed by a 4 10 citation resulting from the use of an automated traffic law 4 11 enforcement system shall not exceed the amount of the fine for 4 12 a scheduled violation under section 805.8A for the same or a 4 13 similar violation of this chapter. 4 14 f. An automated traffic law enforcement system working 4 15 in conjunction with a speed measuring device or official 4 16 traffic=control signal shall comply with the generally accepted 4 17 procedures for operating the system. An automated traffic law 4 18 enforcement system shall verify its internal calibrations on a 4 19 daily basis. If the daily internal calibration is not valid, 4 20 the system shall not operate until a successful calibration 4 21 is subsequently conducted. In addition to the daily internal 4 22 calibration, a monthly calibration shall be conducted by a 4 23 person trained in the calibration of the system. A person 4 24 trained in the calibration of a mobile automated traffic law 4 25 enforcement system shall also conduct a calibration prior to 4 26 the use of the mobile system after any change in location. 4 27 A local authority, or another entity on a local authority's 4 28 behalf, operating an automated traffic law enforcement 4 29 system shall maintain a monthly log detailing whether the 4 30 local authority or entity successfully performed the daily 4 31 and monthly calibrations. The log and documentation of the 4 32 calibrations shall be admissible in any court proceeding 4 33 relating to an official traffic=control signal violation 4 34 pursuant to section 321.257 or a speed limit violation pursuant 4 35 to section 321.285. 5 1 g. A local authority shall maintain or compile records 5 2 relating to the number of traffic violations and number 5 3 of traffic accidents for all locations at which the local 5 4 authority, or another entity on a local authority's behalf, 5 5 operates or intends to operate an automated traffic law 5 6 enforcement system. Such records shall be maintained or 5 7 compiled by the local authority for one year prior to the 5 8 installation of the automated traffic law enforcement system 5 9 and for each year the automated traffic law enforcement 5 10 system is in operation. Such records shall be available for 5 11 examination to the same extent allowed in section 22.2. A 5 12 local authority with an automated traffic law enforcement 5 13 system operating within its jurisdiction shall file an annual 5 14 report with the general assembly on or before December 31 of 5 15 each year detailing the effectiveness of each automated traffic 5 16 law enforcement system operating within its jurisdiction. An 5 17 annual report shall include the justification report described 5 18 in paragraph "b" and shall also include but not be limited to 5 19 information relating to increases or decreases in the number of 5 20 speed limit violations, violations of official traffic=control 5 21 signals, and traffic accidents. 5 22 h. Prior to a local authority placing an automated traffic 5 23 law enforcement system on a primary road, the local authority 5 24 shall obtain approval from the department in accordance 5 25 with rules adopted by the department. A local authority 5 26 shall submit to the department any information requested by 5 27 the department during the approval process. If the local 5 28 authority's use of the system is approved by the department, 5 29 the local authority shall follow the requirements set forth 5 30 in rules adopted by the department. The department may 5 31 modify its rules relating to automated traffic law enforcement 5 32 systems to the extent necessary to ensure automated traffic 5 33 law enforcement systems are operated in a safe and equitable 5 34 manner. This paragraph "h" shall not apply to an automated 5 35 traffic law enforcement system approved or allowed to operate 6 1 in accordance with rules adopted by the department and in 6 2 operation prior to January 1, 2017. A local authority may 6 3 continue to operate such a system in the same manner as the 6 4 system was operated prior to January 1, 2017. However, after a 6 5 local authority discontinues operation of such a system, any 6 6 new manner of operation or new system operated by the local 6 7 authority shall comply with this paragraph "h". The department 6 8 shall have the authority to annually review all automated 6 9 traffic law enforcement systems placed on primary roads and 6 10 shall have the authority to require removal or modification of 6 11 such systems. 6 12 i. A local authority shall designate a process by which 6 13 a person may appeal a citation issued through the use of an 6 14 automated traffic law enforcement system, which at a minimum 6 15 shall provide for all of the following: 6 16 (1) An appeal to an impartial body created by the local 6 17 authority to review citations issued through the use of 6 18 automated traffic law enforcement systems. 6 19 (2) Following a decision from the impartial body that is 6 20 adverse to the person, an appeal to the district court, sitting 6 21 in small claims, of the county in which the local authority is 6 22 located. 6 23 j. (1) A local authority shall authorize a petition process 6 24 by which citizens within the local authority may petition for 6 25 the removal of a fixed automated traffic law enforcement system 6 26 or the disapproval of a location approved for the use of mobile 6 27 automated traffic law enforcement systems in accordance with 6 28 this section. Petitions under this paragraph "j" shall be 6 29 specific to one fixed system or one location approved for the 6 30 use of mobile systems. 6 31 (2) If the local authority is a city, a petition brought 6 32 under this paragraph "j" is valid if it is signed by a number 6 33 of eligible electors of the city equal to or greater than ten 6 34 percent of the number of persons who voted in the last regular 6 35 city election. The petition shall include the signatures of 7 1 the petitioners, the places of residence of the petitioners, 7 2 and the date on which the petitioners signed the petition. 7 3 (3) If the local authority is a county, a petition brought 7 4 under this paragraph "j" is valid if it is signed by a number 7 5 of eligible electors of the county equal to or greater than 7 6 ten percent of the number of votes cast in the county in the 7 7 last presidential election. The petition shall include the 7 8 signatures of the petitioners, the places of residence of the 7 9 petitioners, and the date on which the petitioners signed the 7 10 petition. 7 11 (4) If a petition is valid as provided in this paragraph 7 12 "j", the city council or county board of supervisors, as 7 13 applicable, shall vote on whether to repeal the ordinance 7 14 allowing the operation of the fixed system or approving the 7 15 location for the use of mobile systems. 7 16 (5) If a city council or county board of supervisors has 7 17 voted pursuant to subparagraph (4), a new petition for the same 7 18 fixed system or the same location approved for use of mobile 7 19 systems shall not be valid for three years after the date of 7 20 the vote. 7 21 k. A local authority that operates an automated traffic 7 22 law enforcement system in violation of this section shall be 7 23 precluded from operating any automated traffic law enforcement 7 24 system for a period of two years. A citizen residing within 7 25 the jurisdiction of a local authority which violates this 7 26 section shall be allowed to file suit to enjoin the local 7 27 authority from operating an automated traffic law enforcement 7 28 system in accordance with this paragraph "k". 7 29 3. All moneys collected by a local authority from citations 7 30 issued as a result of the use of an automated traffic law 7 31 enforcement system, less the amount necessary for the 7 32 installation, operation, and maintenance of the automated 7 33 traffic law enforcement system, shall be deposited in the 7 34 account or accounts maintained by the local authority for 7 35 moneys appropriated to the local authority from the secondary 8 1 road fund or street construction fund of the cities, or shall 8 2 be deposited in any account and used for the purposes of public 8 3 safety. This subsection shall not apply to moneys collected 8 4 for court costs or other associated costs, the criminal penalty 8 5 surcharge required by section 911.1, or the county enforcement 8 6 surcharge required by section 911.4, as applicable. SF 220 (4) 87 ns/nh/jh
