HSB 36

OPERATION BY THE DEPARTMENT OF TRANSPORTATION. The bill prohibits the department of transportation (DOT) from placing, operating, maintaining, or employing the use of any system, and prohibits the DOT from causing to be placed any system except as provided in the bill. OPERATION BY LOCAL AUTHORITIES. The bill prohibits a local authority, or another entity on a local authority’s behalf, from operating a system without approving the use of the system following an established self-certification process. The self-certification process must include a justification report and a public hearing at which the local authority must provide evidence of a demonstrated safety need for the system. Notice of the date, time, and location of the hearing must be published in accordance with state law. A public hearing may address several locations at which a local authority intends to place a system. However, the bill requires a local authority to adopt a separate ordinance approving the use of a system for each location at which the local authority operates or intends to operate a fixed or mobile system. _____ which there is a demonstrated safety need for the system. The local authority must demonstrate the safety need for the system based on the volume of traffic, the history of motor vehicle accidents, the frequency and type of traffic violations, the risk to peace officers employing traditional traffic enforcement methods, any additional information required in the justification report, and any other safety criteria deemed appropriate by the local authority. These requirements apply for each location at which a local authority, or another entity on a local authority’s behalf, operates or intends to operate a fixed or mobile system. JUSTIFICATION REPORT. The bill requires a justification report to provide all necessary information and documentation to demonstrate whether an area is a high-crash or high-risk location, including documentation relating to existing traffic speeds, posted speed limits, traffic volumes, intersection or roadway geometry, the applicable motor vehicle accident history, the history of traffic violations for accidents occurring at the location attributable to violating the speed limit or an official traffic-control signal, the identification of critical traffic safety issues and a comprehensive list of solutions, other solutions or safety countermeasures that the local authority has implemented along with those that the local authority has considered but not implemented, discussions held and actions taken by the local authority with any partnering entities that have resources which could aid in the reduction of accidents, and the reasons the local authority believes a system is the best solution to address the critical traffic safety issues. SIGNAGE. The bill prohibits a local authority, or another entity on a local authority’s behalf, from operating a system without posting required signage. For a fixed system, permanent signs advising drivers that the system is in place must be posted in clear and present view of passing drivers in advance of the location where the system is in use. _____ mobile system, temporary or permanent signs advising drivers that the system is in place must be posted in clear and present view of passing drivers in advance of the location where the system is in use. The bill requires the signage to conform to the manual on uniform traffic-control devices as adopted by the DOT. CITATIONS AND FINES. The bill prohibits a local authority, or another entity on a local authority’s behalf, from issuing a citation resulting from the use of a system until an active peace officer of the local authority has reviewed the citation and any relevant recorded images produced by the system.8A (motor vehicle and transportation scheduled violations) for the same or a similar violation of Code chapter 321. SYSTEM CALIBRATIONS. The bill requires a system working in conjunction with a speed measuring device or official traffic-control signal to comply with the generally accepted procedures for operating the system. The bill requires a system to verify its internal calibrations daily, and a person trained in the calibration of the system to conduct a monthly calibration. A person trained in the calibration of a mobile system must also conduct a calibration prior to the use of the mobile system after any change in location. A local authority, or another entity on a local authority’s behalf, operating a system must maintain a monthly log detailing whether the local authority or entity successfully performed the monthly calibrations and whether the system successfully performed the daily internal calibrations. The bill provides that the log and documentation of the calibrations is admissible in any court proceeding relating to an official traffic-control signal violation or a speed limit violation. RECORDS AND REPORTS. _____ to compile and maintain records relating to the number of traffic violations and number of traffic accidents for all locations at which the local authority, or another entity on a local authority’s behalf, operates or intends to operate a system. Such records must be compiled and maintained for one year prior to the installation of the system and for each year the system is in operation.2 (right to examine public records). The bill requires a local authority with a system operating within its jurisdiction to submit an annual report to the general assembly on or before December 31 of each year detailing the effectiveness of each system operating within its jurisdiction. An annual report must include the justification report and also include but not be limited to information relating to increases or decreases in the number of speed limit violations, violations of official traffic-control signals, and traffic accidents. SYSTEMS ON PRIMARY ROADS. Prior to a local authority placing a system on a primary road, the bill requires the local authority to obtain approval from the DOT. A local authority must submit to the DOT any information requested by the DOT during the approval process. If the local authority’s use of the system is approved by the DOT, the local authority must follow the requirements set forth in the DOT’s rules. The bill authorizes the DOT to adopt or modify rules relating to systems to the extent necessary to ensure systems are operated in a safe and equitable manner. The bill provides the DOT shall have the authority to annually review all systems placed on primary roads and to require removal or modification of such systems. APPEALS. _____ following a decision from the impartial body that is adverse to the person, an appeal to the district court, sitting in small claims, of the county in which the local authority is located. PETITIONS FOR REMOVAL. The bill requires a local authority to authorize a petition process by which citizens within the local authority may petition for the removal of a fixed system or the disapproval of a location approved for the use of mobile systems. Petitions must be specific to one fixed system or one location approved for the use of mobile systems. The bill sets forth the number of signatures and related information required for petitions to cities and counties. If a petition is valid, the city council or county board of supervisors, as applicable, must vote on whether to repeal the ordinance allowing the operation of the fixed system or approving the location for the use of mobile systems. If a city council or county board of supervisors has voted, a new petition for the same fixed system or the same location approved for use of mobile systems is not valid for three years after the date of the vote. SANCTIONS. The bill provides that a local authority that operates a system in violation of the bill is precluded from operating any system for a period of two years. A citizen residing within the jurisdiction of a local authority which violates the bill is allowed to file suit to enjoin the local authority from operating a system. USE OF REVENUE. The bill requires all moneys collected by a local authority from citations issued as a result of the use of a system, less the amount necessary for the installation, operation, and maintenance of system, to be deposited in the account or accounts maintained by the local authority for moneys appropriated to the local authority from the secondary road fund or street construction fund of the cities, or to be deposited in any account and used for the purposes of public safety. APPLICABILITY. The bill applies to the placement and operation of systems on or after July 1, 2019. _____ system in operation prior to January 1, 2019, need not comply with the bill until January 1, 2020. On or after January 1, 2020, the bill requires such a system to cease operation until the system complies with the bill.