Text: HF69            Text: HF71
Complete Bill History


House File 70

HOUSE FILE BY HUNTER A BILL FOR 1 An Act concerning the use of traffic=control signal monitoring 2 devices by local authorities, containing penalty provisions, 3 and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1769YH (1) 84 dea/nh PAG LIN 1 1 Section 1. Section 321.1, Code 2011, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 84A. "Traffic=control signal monitoring 1 4 device" means a device with one or more motor vehicle sensors 1 5 working in conjunction with an official traffic control signal 1 6 to produce recorded images of motor vehicles being operated 1 7 in disregard or disobedience to a circular red or red arrow 1 8 signal. 1 9 Sec. 2. NEW SECTION. 321.240 Use of traffic=control signal 1 10 monitoring devices. 1 11 1. A local authority shall not use a traffic=control signal 1 12 monitoring device unless all of the following conditions are 1 13 met: 1 14 a. The chief law enforcement officer employed by the 1 15 local authority requests, and the governing body of the local 1 16 authority adopts a resolution approving, the use of such 1 17 devices. 1 18 b. The local authority conducts a public hearing on the 1 19 proposed use of traffic=control signal monitoring devices prior 1 20 to entering into a contract for the use or purchase of such 1 21 devices. 1 22 c. The local authority obtains a permit from the department 1 23 pursuant to this section for the use of such devices. 1 24 2. a. The department shall adopt rules prescribing the 1 25 manner and procedure by which applications shall be made for 1 26 traffic=control signal monitoring device permits and the 1 27 information to be submitted by an applicant consistent with the 1 28 provisions of this section. 1 29 b. The department may deny an application or suspend or 1 30 revoke a permit for failure of a local authority to provide 1 31 requested information or documentation or for any other 1 32 violation of this section or rules adopted pursuant to this 1 33 section. 1 34 c. An application for a permit to operate one or more 1 35 traffic=control signal monitoring devices shall name each 2 1 intersection at which a device is to be used and provide 2 2 demonstrable evidence that there is a genuine safety need for 2 3 the use of such a device at each designated intersection. The 2 4 documented safety need shall be approved by the department in 2 5 accordance with nationally recognized safety standards. For 2 6 each designated intersection named in the application, the 2 7 local authority shall conduct a traffic engineering study to 2 8 determine whether, in addition to or as an alternative to the 2 9 traffic=control signal monitoring device, there are other 2 10 possible design or operational changes that would be likely 2 11 to reduce the number of accidents or red light violations at 2 12 the intersection. A report of the engineering study shall be 2 13 submitted with the application for a permit and for any request 2 14 to amend the permit to include an additional intersection. 2 15 d. When determining whether to issue a permit for the use of 2 16 a traffic=control signal monitoring device at an intersection, 2 17 the department shall only consider the safety value of using 2 18 such a device. The generation of revenue through the use of a 2 19 traffic=control signal monitoring device shall not be a factor 2 20 in the department's decision to issue a permit. 2 21 e. Within three months of receiving a properly completed 2 22 application from a local authority, the department shall either 2 23 issue a permit for the use of the requested traffic=control 2 24 signal monitoring device or notify the local authority of 2 25 the reason for denial of the application. An application 2 26 for amendment to an existing permit or an application for 2 27 reinstatement of a permit following suspension or revocation of 2 28 a permit shall also be processed within three months of receipt 2 29 of the application. 2 30 f. A permit issued by the department shall authorize 2 31 the use of a traffic=control signal monitoring device 2 32 only at intersections designated in the permit. A local 2 33 authority may apply to the department at any time to amend 2 34 an existing permit by adding a new intersection to the list 2 35 of authorized intersections for the use of a traffic=control 3 1 signal monitoring device. The application shall be considered 3 2 by the department in the same manner as an original permit 3 3 application. 3 4 g. A permit for the use of a traffic=control signal 3 5 monitoring device shall be reviewed by the department within 3 6 three years of the date of issuance, and every three years 3 7 thereafter, unless the permit is suspended or revoked by the 3 8 department. 3 9 h. The department may establish reasonable fees to 3 10 reimburse the department for the costs of issuing, amending, 3 11 and reviewing permits for the use of traffic=control signal 3 12 monitoring devices. 3 13 3. Compensation paid by a local authority to the 3 14 manufacturer or vendor of a traffic=control signal monitoring 3 15 device shall be based on the value of the equipment and shall 3 16 not be based on the number of citations issued or the revenue 3 17 generated by the device. A local authority that uses a 3 18 traffic=control signal monitoring device shall not use revenues 3 19 collected through the use of such device to compensate the 3 20 manufacturer or vendor of the device. 3 21 4. A law enforcement agency shall not issue a citation for 3 22 a violation based on evidence produced by a traffic=control 3 23 signal monitoring device unless the law enforcement agency 3 24 employs at least one full=time certified peace officer. 3 25 5. A traffic=control signal monitoring device shall not 3 26 be used to produce a photograph, microphotograph, electronic 3 27 image, or videotape showing the identity of any person in a 3 28 motor vehicle. 3 29 6. The department may inspect, at any time, a 3 30 traffic=control signal monitoring device and any records 3 31 pertaining to revenues collected from the use of such devices 3 32 by a local authority. A local authority shall cooperate with 3 33 the department in the inspection of traffic=control signal 3 34 monitoring devices and matters related to enforcement of the 3 35 provisions of this section. 4 1 7. a. A local authority using traffic=control signal 4 2 monitoring devices shall submit to the department no later than 4 3 February 1 of each year a report on the use of the devices 4 4 during the preceding calendar year. The report shall include 4 5 all of the following: 4 6 (1) A description of the locations where traffic=control 4 7 signal monitoring devices were used. 4 8 (2) The number of violations recorded at each location and 4 9 in the aggregate on a monthly basis. 4 10 (3) The total number of citations issued based on evidence 4 11 produced by the traffic=control signal monitoring devices. 4 12 (4) The number of civil monetary penalties imposed and the 4 13 total amount of such penalties paid after citation without 4 14 contest. 4 15 (5) The number of violations adjudicated and the results of 4 16 such adjudications, including a breakdown of the dispositions. 4 17 (6) The total amount of civil monetary penalties 4 18 collected from citations issued based on evidence produced by 4 19 traffic=control signal monitoring devices. 4 20 (7) The quality of the adjudication process and its results. 4 21 b. A local authority that fails to provide the report 4 22 required under this subsection shall forward all revenues 4 23 generated from the operation of traffic=control signal 4 24 monitoring devices during the previous calendar year and in 4 25 the current year to the treasurer of state for deposit in 4 26 the general fund of the state. The local authority shall 4 27 not retain any revenue from the operation of traffic=control 4 28 signal monitoring devices until the annual report is filed and 4 29 accepted by the department. 4 30 c. Annually, by March 1, the department shall forward copies 4 31 of reports submitted under this subsection to the legislative 4 32 services agency along with a list of all locations in the state 4 33 where traffic=control signal monitoring devices are in use. 4 34 8. a. Complaints concerning the use of traffic=control 4 35 signal monitoring devices may be made to the department. 5 1 The department may conduct an investigation in response to 5 2 a complaint. If the department finds as a result of the 5 3 investigation that a local authority is violating a provision 5 4 of this section or section 321.255 or 321.257 relating to 5 5 the use of a traffic=control signal monitoring device, the 5 6 department may take any action it deems necessary to prevent 5 7 any further violation including denial of an application for a 5 8 permit or suspension or revocation of a permit. 5 9 b. There shall be a rebuttable presumption that a local 5 10 authority is using a traffic=control signal monitoring device 5 11 for purposes other than the promotion of public safety if such 5 12 a device is used by the local authority without a permit issued 5 13 by the department or in violation of any provision of this 5 14 section or section 321.255 or 321.257 or rules adopted pursuant 5 15 to this section or section 321.255 or 321.257. 5 16 c. If the department determines that a local authority 5 17 is operating a traffic=control signal monitoring device in 5 18 a manner that violates this section or section 321.255 or 5 19 321.257, the department may order the local authority to 5 20 forward to the treasurer of state for deposit in the general 5 21 fund of the state the revenues generated by the device during 5 22 the time the violation occurred. The order shall continue 5 23 in effect until the violation is corrected, as determined by 5 24 the department. If a local authority fails to forward funds 5 25 pursuant to an order of the department, the local authority 5 26 shall be liable for interest owing on the funds and for any 5 27 costs, including reasonable attorney fees, incurred by the 5 28 state in the enforcement of the order. An action to enforce an 5 29 order under this paragraph shall be instituted by the attorney 5 30 general in the district court of Polk county. 5 31 9. a. Upon the issuance of an order denying an application 5 32 for or suspending or revoking a permit under this section, 5 33 the local authority shall be afforded a hearing before the 5 34 department to be held within thirty days of the effective date 5 35 of the order. The department shall have thirty days following 6 1 the hearing in which to issue a written decision to continue to 6 2 deny, suspend, or revoke the permit, or to grant or reinstate 6 3 the permit. 6 4 b. A local authority whose application for a permit is 6 5 denied or whose permit is revoked shall not be eligible for a 6 6 permit to operate a traffic=control signal monitoring device 6 7 for three years following the denial or revocation. 6 8 10. The department may adopt rules it deems necessary for 6 9 the administration of this section. 6 10 Sec. 3. Section 321.255, Code 2011, is amended to read as 6 11 follows: 6 12 321.255 Local traffic=control devices. 6 13 1. Local authorities in their respective jurisdiction shall 6 14 place and maintain such traffic=control devices upon highways 6 15 under their jurisdiction as they may deem necessary to indicate 6 16 and to carry out the provisions of this chapter or local 6 17 traffic ordinances or to regulate, warn, or guide traffic. All 6 18 such traffic=control devices hereafter erected shall conform to 6 19 the state manual and specifications. 6 20 2. A local authority using traffic=control signal 6 21 monitoring devices shall erect a sign providing notice of 6 22 the use of such devices at that point on every highway which 6 23 intersects the jurisdictional limits of the local authority. 6 24 A sign shall also be erected by the local authority on each 6 25 road on the approach to the next official traffic=control 6 26 signal on that road where a traffic=control signal monitoring 6 27 device is in use, and at any other location as required by the 6 28 department. 6 29 Sec. 4. Section 321.257, Code 2011, is amended by adding the 6 30 following new subsection: 6 31 NEW SUBSECTION. 3. a. The timing of an official 6 32 traffic=control signal which is being monitored by a 6 33 traffic=control signal monitoring device shall conform to 6 34 standards established by the department by rule. The duration 6 35 of the yellow or red light of an official traffic=control 7 1 signal shall not be decreased prior to the installation of 7 2 a traffic=control signal monitoring device or during the 7 3 time in which the device is used. The department shall 7 4 establish minimum change intervals for yellow lights on 7 5 official traffic=control signals at intersections where 7 6 a traffic=control signal monitoring device is used. The 7 7 minimum change interval shall be established in accordance 7 8 with nationally recognized engineering standards, and the 7 9 established time shall exceed the recognized national standard 7 10 by at least one additional second. 7 11 b. A local authority using a traffic=control signal 7 12 monitoring device shall test the device for accuracy at regular 7 13 intervals and record and maintain the results of each test. 7 14 The test results shall be open for public inspection during 7 15 reasonable business hours. Each test shall be performed 7 16 according to the manufacturer's recommended procedure. A 7 17 device that does not meet the manufacturer's minimum accuracy 7 18 requirements shall be removed from service by the local 7 19 authority, and the device shall not be used again by the local 7 20 authority until the device has been serviced and calibrated 7 21 by a qualified technician. A law enforcement agency shall 7 22 immediately discontinue issuing citations based on evidence 7 23 produced by a traffic=control signal monitoring device that has 7 24 been removed from service pursuant to this paragraph. 7 25 Sec. 5. STATUS OF EXISTING TRAFFIC=CONTROL SIGNAL 7 26 MONITORING DEVICES. A local authority that is using a 7 27 traffic=control signal monitoring device on the effective date 7 28 of this Act may continue using the device without a permit 7 29 through December 31, 2012. A local authority shall discontinue 7 30 using an existing device on or before January 1, 2013, unless 7 31 the local authority obtains a permit pursuant to the provisions 7 32 of this Act on or before that date. 7 33 Sec. 6. EFFECTIVE DATE. This Act takes effect January 1, 7 34 2012. 7 35 EXPLANATION 8 1 This bill requires a local authority to obtain a permit from 8 2 the department of transportation to use traffic=control signal 8 3 monitoring devices. 8 4 A traffic=control signal monitoring device is a device that 8 5 works in conjunction with an official traffic control signal 8 6 to produce recorded images of motor vehicles being operated in 8 7 violation of a red traffic signal. 8 8 The bill requires that before a local authority can employ 8 9 the use of a traffic=control signal monitoring device, the 8 10 chief law enforcement officer employed by the local authority 8 11 must request the use of such devices and the governing body of 8 12 the local authority must adopt a resolution approving their 8 13 use. There must be a public hearing on the issue before the 8 14 local authority enters into a contract for the use or purchase 8 15 of traffic=control signal monitoring devices. 8 16 The department is required to adopt rules relating to 8 17 requirements for a permit and the permit application process. 8 18 The bill requires that an application for a permit must name 8 19 each intersection at which a traffic=control signal monitoring 8 20 device will be used and show that there is a need for a device 8 21 at each intersection. A report of an engineering study must 8 22 be submitted along with the application for a permit and any 8 23 subsequent application to amend the permit. 8 24 The bill specifies that the department's decision to issue 8 25 a permit shall be based solely on safety concerns, and must 8 26 not take into account any revenue to be derived by a local 8 27 authority from the use of a traffic=control signal monitoring 8 28 device. The department has three months in which to consider 8 29 an application and either issue a permit or notify the local 8 30 authority of the reason for denying the application. Once 8 31 granted, a permit is to undergo a departmental review every 8 32 three years. The department is authorized to establish 8 33 reasonable fees to cover its costs relating to the issuance and 8 34 review of permits. 8 35 The bill prohibits a local authority from compensating a 9 1 manufacturer or vendor of traffic=control signal monitoring 9 2 devices from funds from revenues collected through the use of 9 3 a device. Compensation is to be based on the value of the 9 4 equipment and not the number of citations issued or the revenue 9 5 generated by a device. 9 6 The bill prohibits a law enforcement agency from issuing 9 7 citations based on evidence obtained from a traffic=control 9 8 signal monitoring device unless the agency employs at least one 9 9 full=time certified peace officer. 9 10 The bill specifies that a traffic=control signal monitoring 9 11 device shall not be used to produce an image showing any person 9 12 in a motor vehicle. 9 13 A local authority is required to submit an annual report 9 14 to the department by February 1 containing information on 9 15 citations issued, the adjudication of violations, and penalties 9 16 collected from the use of traffic=control signal monitoring 9 17 devices. Failure to submit a report results in the forfeiture 9 18 of revenues generated by the local authority's traffic=control 9 19 signal monitoring devices during the preceding calendar year 9 20 and the current year. 9 21 The bill provides a mechanism for complaints regarding 9 22 traffic=control signal monitoring devices to be handled by the 9 23 department. If a local authority is found to be violating the 9 24 law regulating traffic=control signal monitoring devices, the 9 25 local authority may be ordered by the department to forfeit 9 26 revenues to the state that were generated during the time the 9 27 violation was occurring. The attorney general is directed to 9 28 enforce such an order in the district court of Polk county. 9 29 If the department denies an application for a permit or 9 30 suspends or revokes an existing permit, the local authority 9 31 is entitled to a hearing to be held within 30 days, and the 9 32 department has 30 days following the hearing in which to render 9 33 a written decision. A local authority whose permit is denied 9 34 or revoked is not eligible to apply for a permit for three 9 35 years. 10 1 The bill requires a local authority using traffic=control 10 2 signal monitoring devices to post signs along all roads 10 3 intersecting its jurisdictional limits and on the approach to 10 4 each traffic=control signal monitoring device in use. 10 5 The bill contains requirements for the timing of official 10 6 traffic=control signals that are monitored by a traffic=control 10 7 signal monitoring device, and the bill establishes requirements 10 8 for the testing and calibration of the devices. 10 9 The bill takes effect January 1, 2012. A local authority 10 10 that is currently using a traffic=control signal monitoring 10 11 device has one year in which to obtain a permit for the device. LSB 1769YH (1) 84 dea/nh
Text: HF69            Text: HF71 Complete Bill History