House
File
173
-
Introduced
HOUSE
FILE
173
BY
RINKER
A
BILL
FOR
An
Act
relating
to
automated
or
remote
systems
for
traffic
1
law
enforcement,
including
by
limiting
municipalities
from
2
placing
or
using
such
systems
on
certain
roads
and
limiting
3
certain
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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173
Section
1.
NEW
SECTION
.
321.492C
Use
of
automated
or
remote
1
systems
for
traffic
law
enforcement
——
municipal
authority
and
2
penalties
limited.
3
1.
A
municipal
board
or
body
shall
not
place
or
cause
to
4
be
placed,
or
maintain
or
employ
the
use
of,
any
automated
or
5
remote
system
for
traffic
law
enforcement
on
or
adjacent
to
a
6
primary
road
or
secondary
road.
7
2.
The
civil
penalty
for
a
violation
detected
by
an
8
automated
or
remote
system
for
traffic
law
enforcement
shall
9
not
exceed
five
percent
of
the
applicable
scheduled
fine
or
10
civil
penalty
for
the
violation
under
state
law.
11
3.
For
purposes
of
this
section,
“automated
or
remote
system
12
for
traffic
law
enforcement”
means
a
camera
or
other
optical
13
device
designed
to
work
in
conjunction
with
an
official
traffic
14
control
signal
or
speed
measuring
device
to
identify
motor
15
vehicles
operating
in
violation
of
traffic
laws,
the
use
of
16
which
results
in
the
issuance
of
citations
sent
through
the
17
mail
or
by
electronic
means.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
Under
current
law,
“primary
roads”
are
those
roads
22
and
streets
both
inside
and
outside
the
boundaries
23
of
municipalities
which
are
under
the
department
of
24
transportation’s
jurisdiction,
including
interstate
roads.
25
“Secondary
roads”
are
those
roads
under
county
jurisdiction.
26
“Municipal
street
system”
means
those
streets
within
27
municipalities
that
are
not
primary
roads
or
secondary
roads.
28
This
bill
prohibits
a
municipal
board
or
body
from
placing
29
or
causing
to
be
placed,
or
maintaining
or
employing
the
use
30
of,
any
automated
or
remote
system
for
traffic
law
enforcement
31
(ATE
system)
on
primary
or
secondary
roads.
The
bill
does
not
32
prohibit
the
state
from
placing
and
using
an
ATE
system
on
33
primary
roads,
a
county
from
placing
and
using
an
ATE
system
on
34
secondary
roads,
or
a
municipal
board
or
body
from
placing
and
35
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using
an
ATE
system
on
the
municipal
street
system.
1
The
bill
also
limits
the
civil
penalty
for
a
violation
2
detected
by
an
ATE
system
from
exceeding
5
percent
of
the
3
applicable
scheduled
fine
or
civil
penalty
for
the
violation
4
under
state
law.
Fees
related
to
court
costs
and
filing
and
5
docketing
criminal
cases,
such
as
fees
which
may
be
owed
or
6
reimbursed
by
a
defendant
pursuant
to
Code
section
602.8106,
7
are
not
considered
a
fine
or
civil
penalty
and
are
not
8
included
by
the
bill
for
purposes
of
calculating
the
5
percent
9
limitation.
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