12/25/2005Missouri Legislature to Take Up Camera Ban Legislation
State senator introduces legislation to ban red light and speed cameras in Missouri.
Missouri State Senator Jason Crowell (R-Cape Girardeau) has introduced a bill for the next legislative session that would ban the use of photo enforcement tickets in the state. SB 719 would declare "null and void" any local ordinance authorizing either red light cameras or photo radar devices. The legislation would confirm the opinion of state Attorney General Jay Nixon who said in August that the city of Arnold's red light camera system did not issue legal or valid citations. The proposal would also force cities to drop their programs.
Crowell believes during the debate over the bill that lawmakers will consider adding provisions that would bar the state from using cell phone tracking systems to monitor and ticket people driving on Missouri highways. The state recently entered into a contract with wireless telephone companies giving the state real-time tracking information on customers without their knowledge or consent.
Article Excerpt:MISSOURI STATE LEGISLATURE, SECOND REGULAR SESSION, 93RD GENERAL ASSEMBLY
SENATE BILL NO. 719
INTRODUCED BY SENATOR CROWELL, Pre-filed December 1, 2005, and ordered printed.
AN ACT To amend chapter 304, RSMo, by adding thereto one new section relating to the prohibition of certain traffic control devices.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 304, RSMo, is amended by adding thereto one new section, to be known as section 304.285, to read as follows:
1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way the use of photo radar systems and automated traffic control systems to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations authorizing the use of such systems to enforce red light running, speeding, or other types of moving violations are hereby null and void.
2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation that authorizes the use of photo radar or an automated traffic control system to enforce state or municipal traffic laws.
3. As used in this section, the term "automated traffic control system" shall mean a device with one or more motor vehicle sensors working in conjunction with a traffic control signal to automatically produce two or more photographs, two or more micrographs, a videotape or other recorded images of a motor vehicle entering an intersection in violation of red signal indication as described in section 304.281. The term "photo radar system" shall mean a device used primarily for highway speed limit enforcement substantially consisting of a radar unit linked to a camera, which automatically produces a photograph of a motor vehicle traveling in excess of the legal speed limit, with the vehicle's speed, the date, time of day, and location of the violation printed on the photograph.