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
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