Prohibiting the use of automated or remote systems for traffic law enforcement, including prohibiting the sharing of related information and requiring the removal of existing systems, and including effective date provisions

Description

Senate File 2319 prohibits the use of automated or remote systems for traffic enforcement (ATE) by State and local authorities on or adjacent to a highway. Under the Bill, information used to impose or collect a civil penalty that results from a violation that was captured using an ATE is not to be shared between the Department of Transportation (DOT) and the Department of Public Safety (DPS). This Bill requires the removal of all existing ATE devices by July 1, 2022. Citations issued before July 1, 2022, remain enforceable under the Bill. The Bill is effective upon enactment.

Background

As of February 2022, there are eight cities in Iowa that operate ATE devices, including Fort Dodge, Council Bluffs, Waterloo, Muscatine, Sioux City, Davenport, Cedar Rapids, and Des Moines. This does not include the city of Windsor Heights. Windsor Heights ceased operating ATE devices April 21, 2020. The data for ATE devices in Fort Dodge, Council Bluffs, and Waterloo is currently not available, and therefore these cities are not included this analysis. In January 2014, the DOT adopted an administrative rule that regulated the use of ATE devices on the primary road system. In April 2018, the Iowa Supreme Court ruled that the DOT did not have the authority to regulate ATE devices.

Polk County declined to renew its vendor contract for ATE devices and ceased issuing violations from its two mobile units in December 2017; Ottumwa ceased operating ATE devices in October 2018.

Under Iowa Code section 8A.504, the Department of Administrative Services (DAS) operates the Iowa Offset Program which can withhold certain State payments on behalf of local authorities to individuals and companies that do not pay their ATE violations. The DAS charges $7 per violation collected to offset the costs of administering the Program. Fees are deposited into the DAS general operating budget.

The cities of Council Bluffs, Davenport, Des Moines, Fort Dodge, Muscatine, and Windsor Heights participated in the Program in FY 2018. Cedar Rapids has a signed agreement with the Iowa Offset Program; however, as of February 2019, the city is not submitting any unpaid violations for collection. Waterloo began participation in the Iowa Offset Program in September 2018 (FY 2019).

Assumptions

• All existing ATE devices will cease operation on or before July 1, 2022. Table 1 provides data on the number of ATE devices, base cost per violation, vendor’s share, and share of local authorities’ revenues.
• All citations issued prior to July 1, 2022, will remain valid.
• Automated traffic enforcement device-issued citations will not be submitted for offset after June 30, 2023.
• Assumes citations at FY 2021 level would have occurred if the Bill had not been passed.

Fiscal Impact

Senate File 2319 is estimated to reduce annual revenue to DAS by $65,000 in FY 2023. While cities have discretion on submitting unpaid citations to the Iowa Offset Program, given the stated assumptions the revenue decrease would occur in FY 2023.

The Bill is estimated to decrease revenue to local authorities by at least an estimated $14.6 million per fiscal year. This estimate does not include the decrease in local revenue to Fort Dodge, Council Bluffs, and Waterloo. Table 1 includes information obtained by the Legislative Services Agency (LSA) for the last full fiscal year. Table 2 shows each city’s use of ATE revenue and which cities participate in the Iowa Offset Program.Local Number of Number of Number of Base Fine Vendor Local Authority Authority Operating ATEs Violations Issued Violations Collected Per Violation* Revenue Revenue** Cedar Rapids 27 171,919 105,108 75$ 2,336,035$ 8,094,784$ Davenport 18 47,013 23,152 65 506,457 1,017,176 Des Moines 9 102,138 71,687 65 1,738,092 2,921,510 Sioux City 8 15,246 20,956 100 629,515 2,028,155 Muscatine 9 10,675 9,368 75 253,152 565,265 Totals 71 346,991 230,271 5,463,251$ 14,626,890$ * Lowest violation amount. Actual violation amounts may increase depending on miles over the legal speed limit. ** Collected revenue may include fine moneys collected through the Iowa Offset Program for violations issued in prior years. *** Fort Dodge, Council Bluffs, and Waterloo are not included in revenue totals. Source: Local authorities Table 1 Estimated Violations and Revenues from ATE Devices*** (As of February 2022)Authority Uses Offset Program Cedar Rapids Police Department Operating Fund Yes

Davenport General Fund No

Des Moines Des Moines Public Safety Radio System Yes

Muscatine Police Department No

Sioux City Public Safety Projects No

Windsor Heights General Fund No

Table 2

Local Uses of ATE Revenues

Sources

• Iowa Department of Transportation
• Local authorities
• LSA calculations
• Department of Administrative Services