Relating to automated traffic systems, including for traffic law enforcement and for capture of registration plate images, providing for the use of associated revenue for length of service award programs, making appropriations, providing penalties, and including effective date provisions

AUTOMATED TRAFFIC SYSTEMS. This bill creates a new Code chapter 321P which regulates the use of automated or remote systems for traffic law enforcement (systems). A system is a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to detect motor vehicles being operated in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means. The bill requires local authorities to hold a valid permit from the department of transportation (DOT) before using a system or adopting, enforcing, or otherwise administering an ordinance authorizing the use of a system. The bill prohibits the governing body of a local authority that is considering an ordinance to authorize or implement systems from suspending the requirement to meet and vote twice on the ordinance before final passage, as is allowed under current law. A local authority may apply for a permit by submitting an application to the DOT. The DOT may approve or disapprove the application based on the DOT’s determination that a system is appropriate and necessary and the least restrictive means to address the critical traffic safety issues at a location. The DOT must only approve one permit for a local authority, which sets forth all locations at which a local authority is authorized to use a system. A local authority may submit an application to the DOT to update the local authority’s permit with a new location. The bill lists the required information to provide on an application for a permit, including but not limited to records relating to traffic violations and traffic collisions and accidents occurring at the location; an analysis of existing traffic speed data, posted speed limits, traffic volume data, and intersection and roadway measurements; the proposed cause of critical traffic safety issues; and alternative methods to improve traffic safety. The bill requires an image of a registration plate, and any related data, captured by an automatic registration plate reader to be deleted from the reader, including storage devices used in connection with the reader, no later than days after the image is captured. However, a law enforcement agency is authorized to make a copy of the image and data if relevant to an ongoing criminal case or investigation. The requirement to delete the plate image and data does not apply to copies retained by a law enforcement agency in accordance with the agency’s evidence retention policy. A person who violates these automatic registration plate reader requirements commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. The bill limits the use of a system to issue citations only for violations for failure to yield or stop at an intersection controlled by a traffic control signal or at a railroad crossing, or exceeding the speed limit by more than miles per hour (MPH). A local authority with a population of 20,000 or less cannot use a mobile system to issue citations. The DOT must adopt administrative rules otherwise authorizing and regulating the use of mobile systems, including the use of mobile systems in certain locations. Regardless of its population size, a local authority may issue a warning memorandum to the owner of a vehicle that was operated in violation of a traffic law if the violation was detected using a system, including a mobile system. The bill requires a local authority to provide certain notice to drivers about the use of a system. Permanent signage providing notice to drivers that a system is in place at a fixed location must be erected at least 500 feet but not more than 1,000 feet along the approach of any highway where the system is used. If a mobile system is used, the local authority must post permanent signs giving notice of the use of mobile systems within the local authority’s boundaries at every location where a highway enters the boundaries of the local authority. The signs must be erected at the expense of the local authority. Every location where an automated or remote system is used must be clearly identified and installed at least days prior to the system enforcing any detected violations. A local authority must provide an annual report to the DOT about the local authority’s systems, and post the report on the local authority’s internet site, if applicable. A local authority is prohibited from issuing a citation or warning memorandum for a violation detected by a system until a peace officer of the local authority, or an individual trained and certified by the local authority, has reviewed and approved the recorded photograph or video to affirm a traffic violation occurred.8A. The maximum amount for a fine for an excessive speed violation is set forth in the bill based on MPH in excess of the limit, and is doubled if the violation occurs in a road work zone. A system not in compliance with the bill cannot be used to detect violations. A citation issued while the system is not in compliance is void and unenforceable. The bill requires system citations to be issued to the owner of a motor vehicle, but also requires local authorities to provide an opportunity for an owner to identify another person who was operating the vehicle during the violation. A local authority that collects revenue for traffic violations detected by a system must remit certain percentages of moneys received from the use of the system, not including the cost to install, operate, and maintain the system, to the treasurer of state: percent is deposited in the length of service award program fund established in the bill, and percent is deposited in the general fund of the state to be used by the Iowa law enforcement academy. A local authority is prohibited from spending the moneys retained by the local authority other than to fund transportation infrastructure projects or to offset costs incurred relating to the operation of a police or fire department. The bill requires that systems be installed to avoid the effect of camera flash on drivers and to prevent capturing recordings of the front of the vehicle or persons in the vehicle. The bill regulates the required system maintenance and frequency of maintenance, including system compliance with generally accepted procedures for the system, daily internal calibrations, and monthly calibration by a person trained in the calibration of the system. The bill requires a local authority to maintain a monthly log detailing the maintenance and calibration records. EXISTING SYSTEMS. The bill provides that a local authority using a system prior to January 1, 2024, may submit to the DOT by July 1, 2024, a list of system locations and justifications for placement and use. The department must, by October 1, 2024, issue a permit to the local authority.3, in the same manner and at the same locations as the system was used while the DOT is considering the local authority’s application. If, on October 1, 2024, the local authority has not been issued a permit, the local authority must cease using all systems until the local authority obtains a permit under the bill. A local authority using a system at a location for the first time on or after January 1, 2024, shall not be issued a permit before July 1, 2026. These provisions of the bill take effect upon enactment. LENGTH OF SERVICE AWARD PROGRAMS. The bill authorizes a municipality, defined as a city, county, township, benefited fire district, or agency authorized by law to provide emergency response services, to establish a length of service award program as described in the Internal Revenue Code for volunteer fire fighters, volunteer emergency medical care providers, and reserve peace officers. The governing body of a municipality that establishes a program shall, in consultation with the chief or other person in command of the fire department and police department serving the municipality, as applicable, adopt guidelines providing for eligibility requirements for participation, minimum vesting requirements, distribution requirements, and such other guidelines as deemed necessary to operate the program. The bill also establishes a length of service award program grant fund under the control of the department of revenue. Moneys in the fund are appropriated to the department for grants to municipalities that have established a length of service award program to provide contributions to the program on behalf of participants. The bill requires the department to adopt rules establishing a grant application process that shall provide for up to a dollar-for-dollar funding match from a municipality that has established a length of service award program. The bill also requires the grant process to allow a municipality to use moneys received from any source for purposes of providing the funding match required by the bill.