Bill Text: IA HF628 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to automated or remote systems for traffic law enforcement, including by limiting municipalities from placing or using such systems on certain roads and limiting certain penalties.(Formerly HF 173.)

Spectrum: Committee Bill

Status: (Introduced) 2023-05-04 - Rereferred to Public Safety. H.J. 1030. [HF628 Detail]

Download: Iowa-2023-HF628-Introduced.html
House File 628 - Introduced HOUSE FILE 628 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 173) 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 TLSB 1882HV (1) 90 th/ns
H.F. 628 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 -1- LSB 1882HV (1) 90 th/ns 1/ 2
H.F. 628 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. 10 -2- LSB 1882HV (1) 90 th/ns 2/ 2
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