Bill Text: IA SF489 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act regulating the use of automated or remote systems for traffic law enforcement, and including effective date provisions.(Formerly SSB 1180; See SF 2408.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-07 - Committee report approving bill, renumbered as SF 2408. S.J. 468. [SF489 Detail]
Download: Iowa-2023-SF489-Introduced.html
Senate
File
489
-
Introduced
SENATE
FILE
489
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
1180)
A
BILL
FOR
An
Act
regulating
the
use
of
automated
or
remote
systems
1
for
traffic
law
enforcement,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2506SV
(1)
90
th/ns
S.F.
489
DIVISION
I
1
AUTOMATED
OR
REMOTE
SYSTEMS
FOR
TRAFFIC
LAW
ENFORCEMENT
2
Section
1.
NEW
SECTION
.
321P.1
Definitions.
3
As
used
in
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
“Automated
or
remote
system
for
traffic
law
enforcement”
6
or
“system”
means
a
camera
or
other
optical
device
designed
to
7
work
in
conjunction
with
an
official
traffic
control
signal
or
8
speed
measuring
device
to
detect
motor
vehicles
being
operated
9
in
violation
of
traffic
laws,
the
use
of
which
results
in
the
10
issuance
of
citations
sent
through
the
mail
or
by
electronic
11
means.
12
2.
“Critical
traffic
safety
issues”
include
traffic
13
violations
resulting
in
a
traffic
collision
or
accident
and
14
traffic
collisions
and
accidents
resulting
in
serious
injury
or
15
death
occurring
at
a
location.
16
3.
“Department”
means
the
state
department
of
17
transportation.
18
4.
“Local
authority”
means
a
county
or
municipality
19
having
authority
to
adopt
local
police
regulations
under
the
20
Constitution
of
the
state
of
Iowa
and
laws
of
this
state.
21
Sec.
2.
NEW
SECTION
.
321P.2
Permit
required.
22
A
person
shall
not
use
an
automated
or
remote
system
for
23
traffic
law
enforcement
unless
authorized
under
this
chapter.
24
A
local
authority
shall
not
adopt,
enforce,
or
otherwise
25
administer
an
ordinance
authorizing
the
use
of
a
system,
and
26
shall
not
use
a
system,
unless
the
local
authority
holds
a
27
valid
permit
to
use
a
system
at
the
system’s
location.
A
local
28
authority
may
apply
for
a
permit
by
submitting
an
application
29
to
the
department
in
a
manner
determined
by
the
department.
30
The
department
may
approve
or
disapprove
the
application
for
a
31
permit
based
on
the
department’s
determination
that
a
system
is
32
appropriate
and
necessary
and
the
least
restrictive
means
to
33
address
the
critical
traffic
safety
issues
at
a
location.
The
34
department
shall
only
approve
one
permit
for
a
local
authority,
35
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which
shall
set
forth
all
locations
at
which
a
local
authority
1
is
authorized
to
use
a
system.
A
local
authority
may
submit
an
2
application
to
the
department
to
update
the
local
authority’s
3
permit
with
a
new
location
in
the
same
manner
and
with
the
same
4
information
as
required
for
the
initial
permit.
An
application
5
for
a
permit
must
contain
all
of
the
following
for
a
location
6
at
which
the
local
authority
intends
to
operate
a
system:
7
1.
Records
detailing
the
number
and
description
of
traffic
8
violations
at
the
location,
which
shall
be
compiled
and
9
maintained
by
the
local
authority
for
at
least
one
year
prior
10
to
the
installation
of
the
system
and
for
each
year
the
system
11
is
in
operation.
The
records
shall
be
considered
public
12
records
for
purposes
of
chapter
22.
13
2.
Records
detailing
the
number
and
severity
of
traffic
14
collisions
and
accidents
occurring
at
the
location,
which
15
shall
include
a
comparison
of
measured
traffic
collision
and
16
accident
data
at
the
location
with
traffic
collision
and
17
accident
data
from
other
similar
locations
within
the
local
18
authority’s
jurisdiction,
other
similar
jurisdictions,
and
19
larger
metropolitan
areas.
20
3.
An
analysis
of
existing
traffic
speed
data,
posted
speed
21
limits,
traffic
volume
data,
and
intersection
and
roadway
22
measurements
of
the
location.
The
analysis
must
demonstrate
23
to
the
department
that
existing
speed
restrictions
and
traffic
24
control
signal
timing
are
appropriate
and
must
describe
how
25
the
speed
restrictions
and
traffic
control
signal
timing
were
26
established.
27
4.
The
proposed
cause
of
critical
traffic
safety
issues
at
28
the
location.
29
5.
Alternative
methods
to
improve
traffic
safety
at
the
30
location
that
the
local
authority
has
implemented
or
has
31
considered
but
declined
to
implement.
Alternative
methods
32
to
improve
traffic
safety
may
include
but
are
not
limited
to
33
changes
relating
to
law
enforcement
practices,
roadway
or
34
intersection
design,
traffic
control
devices
used,
and
public
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education
campaigns.
1
6.
Details
of
discussions,
if
any,
held
with
an
entity
that
2
has
resources
which
may
aid
the
reduction
of
traffic
collisions
3
and
accidents
caused
at
the
location
by
failure
to
obey
speed
4
restrictions
or
traffic
control
signals
and
subsequent
actions
5
taken
by
the
local
authority.
6
7.
An
explanation
detailing
the
reasons
that
the
use
of
a
7
system
at
the
location
is
appropriate
and
necessary
and
the
8
least
restrictive
means
to
address
the
critical
traffic
safety
9
issues.
10
Sec.
3.
NEW
SECTION
.
321P.3
Use
limited.
11
1.
A
local
authority
shall
not
use
an
automated
or
remote
12
system
for
traffic
law
enforcement
to
issue
a
citation
for
13
a
traffic
violation
unless
the
violation
is
for
any
of
the
14
following:
15
a.
Failure
to
yield
or
stop
at
an
intersection
controlled
by
16
a
traffic
control
signal.
17
b.
Failure
to
yield
or
stop
at
a
railroad
crossing.
18
c.
Exceeding
the
speed
limit
by
more
than
ten
miles
per
19
hour.
20
2.
A
local
authority
shall
not
use
a
mobile
system
to
issue
21
a
citation
for
a
traffic
violation,
regardless
of
whether
the
22
mobile
system
is
placed
at
an
approved
location
under
the
local
23
authority’s
permit.
24
3.
A
local
authority
may
issue
a
warning
memorandum
to
the
25
owner
of
a
vehicle
that
was
operated
in
violation
of
a
traffic
26
law
if
the
violation
was
detected
by
an
automated
or
remote
27
system
for
traffic
law
enforcement,
including
a
mobile
system.
28
Sec.
4.
NEW
SECTION
.
321P.4
Notice
——
signage
and
reports.
29
1.
A
local
authority
shall
not
operate
an
automated
or
30
remote
system
for
traffic
law
enforcement
unless
permanent
31
signs
meeting
the
requirements
as
specified
in
the
department
32
manual
on
uniform
traffic-control
devices
and
giving
notice
of
33
the
system
are
erected
at
least
five
hundred
feet
but
not
more
34
than
one
thousand
feet
along
the
approach
of
the
highway
where
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the
system
is
used.
Signs
required
under
this
subsection
shall
1
be
erected
by
the
local
authority
at
the
local
authority’s
2
expense
at
least
thirty
days
prior
to
the
system
enforcing
any
3
detected
violations.
4
2.
A
local
authority
using
a
system
shall
submit
to
the
5
department
an
annual
report
by
March
1
of
each
year
detailing
6
the
number
of
traffic
collisions
and
accidents
that
occurred
at
7
each
location
where
a
system
is
in
use,
the
number
of
citations
8
issued
for
each
system
during
the
previous
calendar
year,
and
9
any
other
relevant
information
about
the
systems
that
the
local
10
authority
deems
appropriate.
The
local
authority
shall
post
11
the
report
on
the
local
authority’s
internet
site,
if
the
local
12
authority
has
an
internet
site.
13
Sec.
5.
NEW
SECTION
.
321P.5
Enforcement.
14
1.
A
local
authority
shall
not
issue
a
citation
or
warning
15
memorandum
for
a
violation
detected
by
a
system
until
a
peace
16
officer
of
the
local
authority
has
reviewed
and
approved
the
17
recorded
photograph
or
video
to
affirm
a
traffic
violation
18
occurred.
19
2.
a.
For
a
violation
other
than
an
excessive
speed
20
violation,
the
amount
of
the
fine
imposed
by
a
citation
21
resulting
from
a
violation
detected
by
a
system
shall
not
22
exceed
the
amount
of
the
scheduled
fine
for
the
violation
under
23
section
805.8A.
24
b.
For
an
excessive
speed
violation
detected
by
a
system
25
other
than
as
provided
in
paragraph
“c”
,
the
fine
shall
not
26
exceed
the
following
amounts:
27
(1)
Fifty
dollars
for
speed
greater
than
ten
miles
per
hour
28
in
excess
of
the
limit
but
not
more
than
twenty
miles
per
hour
29
in
excess
of
the
limit.
30
(2)
Seventy-five
dollars
for
speed
greater
than
twenty
31
miles
per
hour
in
excess
of
the
limit
but
not
more
than
thirty
32
miles
per
hour
in
excess
of
the
limit.
33
(3)
Two
hundred
fifty
dollars
for
speed
greater
than
thirty
34
miles
per
hour
in
excess
of
the
limit.
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c.
For
an
excessive
speed
violation
detected
by
a
system
in
1
a
road
work
zone,
as
defined
in
section
321.1,
the
fine
shall
2
not
exceed
the
following
amounts:
3
(1)
One
hundred
dollars
for
speed
greater
than
ten
miles
per
4
hour
in
excess
of
the
limit
but
not
more
than
twenty
miles
per
5
hour
in
excess
of
the
limit.
6
(2)
One
hundred
fifty
dollars
for
speed
greater
than
twenty
7
miles
per
hour
in
excess
of
the
limit
but
not
more
than
thirty
8
miles
per
hour
in
excess
of
the
limit.
9
(3)
Five
hundred
dollars
for
speed
greater
than
thirty
miles
10
per
hour
in
excess
of
the
limit.
11
3.
A
system
not
in
compliance
with
this
chapter
shall
not
12
be
used
to
detect
violations.
A
citation
issued
while
the
13
system
is
not
in
compliance
with
this
chapter
is
void
and
14
unenforceable.
15
Sec.
6.
NEW
SECTION
.
321P.6
Liability
for
violations
16
detected.
17
1.
A
citation
for
a
violation
detected
by
an
automated
or
18
remote
system
for
traffic
law
enforcement
shall
be
issued
to
19
the
owner
of
the
identified
motor
vehicle.
20
2.
a.
Notwithstanding
subsection
1,
a
local
authority
shall
21
provide
the
owner
of
a
motor
vehicle
who
receives
a
citation
22
for
a
violation
detected
by
a
system
with
an
opportunity
23
to
submit
evidence
that
the
owner
was
not
operating
the
24
motor
vehicle
at
the
time
of
the
violation.
As
part
of
the
25
proceeding,
the
owner
shall
provide
the
name
and
address
of
the
26
person
who
was
operating
the
motor
vehicle
at
the
time
of
the
27
violation.
28
b.
Notwithstanding
subsection
1,
a
citation
issued
to
the
29
owner
of
a
motor
vehicle
may
be
amended
and
issued
to
the
30
person
identified
under
paragraph
“a”
who
was
operating
the
31
motor
vehicle.
However,
the
owner
of
the
motor
vehicle
shall
32
pay
the
fine
if
the
person
operating
the
motor
vehicle
does
not
33
pay
the
fine.
34
3.
For
purposes
of
this
section,
“owner”
means
a
person
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who
holds
the
legal
title
to
a
motor
vehicle.
However,
if
the
1
motor
vehicle
is
the
subject
of
a
security
agreement
with
a
2
right
of
possession
in
the
debtor,
the
debtor
is
deemed
the
3
owner
for
purposes
of
this
section,
or
if
the
motor
vehicle
is
4
leased
as
defined
in
section
321.493,
the
lessee
is
deemed
the
5
owner
for
purposes
of
this
section.
6
Sec.
7.
NEW
SECTION
.
321P.7
Revenue
——
disbursement
and
7
retention.
8
A
local
authority
that
operates
an
automated
or
remote
9
system
for
traffic
law
enforcement
under
this
chapter
shall
10
remit
monthly
to
the
treasurer
of
state
ten
percent
of
the
11
moneys
from
the
use
of
the
system,
not
including
the
cost
to
12
install,
operate,
and
maintain
the
system.
Moneys
remitted
13
under
this
section
shall
be
deposited
in
the
road
use
tax
fund.
14
The
remaining
moneys
retained
by
the
local
authority
shall
be
15
used
only
for
public
safety
or
improvements
to
transportation
16
infrastructure
within
the
local
authority’s
jurisdiction.
17
Sec.
8.
NEW
SECTION
.
321P.8
Installation
and
maintenance.
18
1.
A
local
authority
shall
install
a
system
in
a
manner
that
19
minimizes
the
effect
of
camera
flash
on
drivers,
if
a
camera
20
flash
is
used.
21
2.
An
automated
or
remote
system
for
traffic
law
enforcement
22
shall
only
record
a
photograph
or
video
of
a
vehicle
and
the
23
vehicle’s
registration
plate
while
the
vehicle
is
used
to
24
commit
an
alleged
traffic
violation.
A
local
authority
shall
25
not
install
a
system
such
that
the
system’s
camera
is
placed
26
to
capture
the
face
of
any
person
in
the
motor
vehicle
being
27
recorded.
If
a
person’s
face
is
unintentionally
captured
by
28
the
system,
the
person’s
face
shall
be
obfuscated
by
the
local
29
authority
in
any
recording
released
to
a
person
other
than
an
30
employee
or
agent
of
the
local
authority,
unless
otherwise
31
ordered
by
a
court.
The
system’s
unintentional
capture
of
a
32
person’s
face
does
not
invalidate
the
associated
citation.
33
3.
An
automated
or
remote
system
for
traffic
law
enforcement
34
shall
comply
with
the
generally
accepted
procedures
for
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operating
the
system.
1
4.
A
system
shall
verify
its
internal
calibrations
daily,
2
and
a
person
trained
in
the
calibration
of
the
system
shall
3
conduct
a
monthly
calibration.
4
5.
A
local
authority
operating
a
system
shall
maintain
5
a
monthly
log
detailing
whether
a
person
trained
in
the
6
calibration
of
the
system
successfully
performed
the
monthly
7
calibrations
and
whether
the
system
successfully
performed
the
8
daily
internal
calibrations.
9
6.
The
log
and
documentation
of
the
calibrations
required
10
under
this
section
are
admissible
in
any
court
proceeding
11
relating
to
a
violation
detected
by
the
system.
12
7.
If
a
daily
or
monthly
calibration
is
not
successfully
13
performed,
the
system
shall
not
operate
until
a
successful
14
calibration
is
subsequently
performed.
15
DIVISION
II
16
EXISTING
SYSTEMS
17
Sec.
9.
EXISTING
SYSTEMS.
18
1.
A
local
authority
using
an
automated
or
remote
system
19
for
traffic
law
enforcement
prior
to
April
1,
2023,
may
submit
20
to
the
department
of
transportation
by
April
1,
2023,
a
list
21
of
system
locations
and
justifications
for
placement
and
use
22
of
the
systems
at
the
locations
in
conformance
with
section
23
321P.2,
as
enacted
in
this
Act,
to
the
extent
practicable,
as
24
determined
by
the
department.
The
department
may,
by
July
25
1,
2023,
issue
a
permit
to
the
local
authority
as
provided
26
in
section
321P.2,
as
enacted
in
this
Act.
If,
on
July
1,
27
2023,
the
local
authority
has
not
been
issued
a
permit
by
the
28
department,
the
local
authority
shall
cease
using
all
systems
29
until
the
local
authority
obtains
a
permit
from
the
department
30
pursuant
to
section
321P.2,
as
enacted
in
this
Act.
31
2.
A
local
authority
using
an
automated
or
remote
system
32
for
traffic
law
enforcement
at
a
location
for
the
first
time
33
on
or
after
April
1,
2023,
shall
not
be
issued
a
permit
by
the
34
department
of
transportation
pursuant
to
section
321P.2,
as
35
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enacted
in
this
Act,
before
July
1,
2025.
1
Sec.
10.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
2
deemed
of
immediate
importance,
takes
effect
upon
enactment.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
creates
a
new
Code
chapter
321P
which
regulates
the
7
use
of
automated
or
remote
systems
for
traffic
law
enforcement
8
(systems).
A
system
is
a
camera
or
other
optical
device
9
designed
to
work
in
conjunction
with
an
official
traffic
10
control
signal
or
speed
measuring
device
to
detect
motor
11
vehicles
being
operated
in
violation
of
traffic
laws,
the
use
12
of
which
results
in
the
issuance
of
citations
sent
through
the
13
mail
or
by
electronic
means.
14
The
bill
requires
local
authorities
to
hold
a
valid
permit
15
from
the
department
of
transportation
(DOT)
before
using
a
16
system
or
adopting,
enforcing,
or
otherwise
administering
an
17
ordinance
authorizing
the
use
of
a
system.
A
local
authority
18
may
apply
for
a
permit
by
submitting
an
application
to
the
DOT.
19
The
DOT
may
approve
or
disapprove
the
application
based
on
the
20
DOT’s
determination
that
a
system
is
appropriate
and
necessary
21
and
the
least
restrictive
means
to
address
the
critical
traffic
22
safety
issues
at
a
location.
The
DOT
must
only
approve
one
23
permit
for
a
local
authority,
which
sets
forth
all
locations
24
at
which
a
local
authority
is
authorized
to
use
a
system.
A
25
local
authority
may
submit
an
application
to
the
DOT
to
update
26
the
local
authority’s
permit
with
a
new
location.
The
bill
27
lists
the
required
information
to
provide
on
an
application
28
for
a
permit,
including
but
not
limited
to
records
relating
29
to
traffic
violations
and
traffic
collisions
and
accidents
30
occurring
at
the
location;
an
analysis
of
existing
traffic
31
speed
data,
posted
speed
limits,
traffic
volume
data,
and
32
intersection
and
roadway
measurements;
the
proposed
cause
of
33
critical
traffic
safety
issues;
and
alternative
methods
to
34
improve
traffic
safety.
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The
bill
limits
the
use
of
a
system
to
issue
citations
only
1
for
violations
for
failure
to
yield
or
stop
at
an
intersection
2
controlled
by
a
traffic
control
signal
or
at
a
railroad
3
crossing,
or
exceeding
the
speed
limit
by
more
than
10
miles
4
per
hour
(MPH).
A
local
authority
cannot
use
a
mobile
system
5
to
issue
citations.
However,
a
local
authority
may
issue
a
6
warning
memorandum
to
the
owner
of
a
vehicle
that
was
operated
7
in
violation
of
a
traffic
law
if
the
violation
was
detected
8
using
a
system,
including
a
mobile
system.
9
The
bill
requires
a
local
authority
to
provide
certain
10
notice
to
drivers
about
the
use
of
a
system.
Permanent
signage
11
providing
notice
to
drivers
that
a
system
is
in
place
must
be
12
erected
at
least
500
feet
but
not
more
than
1,000
feet
along
13
the
approach
of
any
highway
where
the
system
is
used.
The
14
signs
must
be
erected
at
the
expense
of
the
local
authority.
15
Every
location
where
an
automated
or
remote
system
is
used
must
16
be
clearly
identified
at
least
30
days
prior
to
the
system
17
enforcing
any
detected
violations.
A
local
authority
must
18
provide
an
annual
report
to
the
DOT
about
the
local
authority’s
19
systems.
20
A
local
authority
is
prohibited
from
issuing
a
citation
21
or
warning
memorandum
for
a
violation
detected
by
a
system
22
until
a
peace
officer
of
the
local
authority
has
reviewed
and
23
approved
the
recorded
photograph
or
video
to
affirm
a
traffic
24
violation
occurred.
The
amount
of
the
fine
imposed
by
a
25
citation
resulting
from
a
violation,
other
than
an
excessive
26
speed
violation,
detected
by
a
system
is
limited
to
the
amount
27
of
the
scheduled
fine
for
the
same
violation
under
Code
section
28
805.8A.
The
maximum
amount
for
a
fine
for
an
excessive
speed
29
violation
is
set
forth
in
the
bill
based
on
MPH
in
excess
of
the
30
limit,
and
is
doubled
if
the
violation
occurs
in
a
road
work
31
zone.
A
system
not
in
compliance
with
the
bill
cannot
be
used
32
to
detect
violations.
A
citation
issued
while
the
system
is
33
not
in
compliance
is
void
and
unenforceable.
34
The
bill
requires
system
citations
to
be
issued
to
the
owner
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of
a
motor
vehicle,
but
also
requires
local
authorities
to
1
provide
an
opportunity
for
an
owner
to
identify
another
person
2
who
was
operating
the
vehicle
during
the
violation.
However,
3
the
owner
must
still
pay
the
associated
fine
if
the
other
4
person
does
not
pay
the
fine.
5
A
local
authority
that
collects
revenue
for
traffic
6
violations
detected
by
a
system
must
remit
monthly
to
the
7
treasurer
of
state
10
percent
of
the
moneys
from
the
use
of
8
the
system,
not
including
the
cost
to
install,
operate,
and
9
maintain
the
system.
These
moneys
are
deposited
in
the
road
10
use
tax
fund.
The
remaining
moneys
retained
by
the
local
11
authority
are
required
to
be
used
only
for
public
safety
or
12
improvements
to
transportation
infrastructure
within
the
local
13
authority’s
jurisdiction.
14
The
bill
requires
that
systems
be
installed
to
avoid
the
15
effect
of
camera
flash
on
drivers
and
to
prevent
capturing
16
recordings
of
persons
in
the
vehicle.
The
bill
regulates
the
17
required
system
maintenance
and
frequency
of
maintenance,
18
including
system
compliance
with
generally
accepted
procedures
19
for
the
system,
daily
internal
calibrations,
and
monthly
20
calibration
by
a
person
trained
in
the
calibration
of
the
21
system.
The
bill
requires
a
local
authority
to
maintain
a
22
monthly
log
detailing
the
maintenance
and
calibration
records.
23
The
bill
provides
that
a
local
authority
using
a
system
prior
24
to
April
1,
2023,
may
submit
to
the
DOT
by
April
1,
2023,
a
25
list
of
system
locations
and
justifications
for
placement
and
26
use.
The
department
may,
by
July
1,
2023,
issue
a
permit
to
the
27
local
authority.
If,
on
July
1,
2023,
the
local
authority
has
28
not
been
issued
a
permit,
the
local
authority
must
cease
using
29
all
systems
until
the
local
authority
obtains
a
permit
under
30
the
bill.
A
local
authority
using
a
system
at
a
location
for
31
the
first
time
on
or
after
April
1,
2023,
shall
not
be
issued
a
32
permit
before
July
1,
2025.
These
provisions
of
the
bill
take
33
effect
upon
enactment.
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