House Amendment 8327
PAG LIN
1 1 Amend House File 2501 as follows:
1 2 #1. By striking everything after the enacting clause
1 3 and inserting:
1 4 <Section 1. NEW SECTION. 321.296 Speed limit
1 5 enforcement in work zones on primary roads == pilot
1 6 project.
1 7 1. The department of public safety, in consultation
1 8 with the department of transportation, shall design and
1 9 implement a pilot project utilizing one or more photo
1 10 traffic enforcement devices for the enforcement of
1 11 posted speed limits in work zones on primary highways.
1 12 The pilot project shall take place during the calendar
1 13 year beginning January 1, 2011, at times and locations
1 14 to be determined by the department of public safety.
1 15 a. The department of public safety may enter into
1 16 an agreement or contract with a vendor for furnishing,
1 17 installing, servicing, operating, or maintaining a
1 18 photo traffic enforcement device for the purposes
1 19 of the pilot project. The department of public
1 20 safety, or the vendor designated by the department of
1 21 public safety, shall cooperate with the department of
1 22 transportation when choosing the location within a work
1 23 zone for installation of a photo traffic enforcement
1 24 device.
1 25 b. The department of transportation shall post
1 26 signs providing notice to motorists entering a work
1 27 zone where a photo traffic enforcement device is in
1 28 use.
1 29 2. A citation for a violation of a speed limit
1 30 in a work zone resulting from evidence produced by a
1 31 photo traffic enforcement device used pursuant to a
1 32 pilot project under this section shall be mailed, no
1 33 later than seven days from the date of the violation,
1 34 to the owner of record of the motor vehicle involved
1 35 in the violation. The citation shall be accompanied
1 36 by documentation including but not limited to the
1 37 following:
1 38 a. A photo=image constituting evidence of the
1 39 violation.
1 40 b. An explanation of the owner's rights and
1 41 responsibilities with regard to the citation including
1 42 a statement explaining that, as the owner of the
1 43 vehicle, the person is responsible for payment of
1 44 the civil penalty unless the person does one of the
1 45 following in a manner approved by the department of
1 46 public safety:
1 47 (1) If the person was not the driver of the vehicle
1 48 at the time the violation occurred, identify the person
1 49 who was the driver of the vehicle.
1 50 (2) If the person sold the vehicle prior to the
2 1 occurrence of the violation, identify the person or
2 2 business to whom the vehicle was sold.
2 3 (3) If the vehicle or registration plates were
2 4 stolen prior to the time the violation occurred,
2 5 provide information regarding the report of the theft
2 6 to a law enforcement agency.
2 7 c. Directions for remitting the civil penalty.
2 8 3. a. Notwithstanding section 321.482 and section
2 9 805.8A, subsection 14, paragraph "i", a violation of a
2 10 posted speed limit in a work zone for which a citation
2 11 is issued pursuant to this section is a civil offense
2 12 punishable by a civil penalty as follows:
2 13 (1) Two hundred sixty=three dollars for speed not
2 14 more than ten miles per hour over the posted speed
2 15 limit.
2 16 (2) Four hundred sixty=five dollars for speed
2 17 greater than ten but not more than twenty miles per
2 18 hour over the posted speed limit.
2 19 (3) Seven hundred thirty=five dollars for speed
2 20 greater than twenty but not more than twenty=five miles
2 21 per hour over the posted speed limit.
2 22 (4) One thousand four hundred ten dollars for speed
2 23 greater than twenty=five miles per hour over the posted
2 24 speed limit.
2 25 b. Civil penalties assessed under this section
2 26 shall be payable to the clerk of the district court
2 27 as provided in section 602.8105, subsection 5, and
2 28 distributed as provided in section 602.8108, subsection
2 29 11.
2 30 4. Upon approval of the executive council, there is
2 31 appropriated to the department of public safety from
2 32 the general fund of the state the amount sufficient to
2 33 cover the costs actually incurred by the department
2 34 of public safety to carry out the provisions of this
2 35 section, including the amount necessary to reimburse
2 36 the department of transportation for any costs incurred
2 37 for the installation of signage as required under
2 38 subsection 1. The amount appropriated under this
2 39 subsection shall not exceed the amount deposited
2 40 pursuant to section 602.8108, subsection 11.
2 41 Sec. 2. Section 602.8105, Code Supplement 2009, is
2 42 amended by adding the following new subsection:
2 43 NEW SUBSECTION. 5. The clerk of the district court
2 44 shall collect a civil penalty assessed pursuant to
2 45 section 321.296 for distribution as provided in section
2 46 602.8108, subsection 11.
2 47 Sec. 3. Section 602.8108, Code Supplement 2009, is
2 48 amended by adding the following new subsection:
2 49 NEW SUBSECTION. 11. The clerk of the district
2 50 court shall remit to the treasurer of state, not
3 1 later than the fifteenth day of each month, all moneys
3 2 collected from the civil penalty provided in section
3 3 321.296 during the preceding calendar month for deposit
3 4 in the general fund of the state.
3 5 Sec. 4. PHOTO TRAFFIC ENFORCEMENT PILOT PROJECT
3 6 REPORT. The department of public safety shall report
3 7 to the general assembly on or before January 15, 2012,
3 8 regarding the pilot project implemented pursuant to
3 9 this Act. The report shall include but not be limited
3 10 to the number of citations issued and the number and
3 11 dollar amount of civil penalties remitted pursuant to
3 12 this Act, the costs associated with the pilot project,
3 13 traffic safety data relating to the work zones where
3 14 photo traffic enforcement devices were employed during
3 15 the pilot project, comments and suggestions from the
3 16 department of transportation relating to the pilot
3 17 project, and any findings and recommendations from
3 18 the department of public safety regarding future use
3 19 of photo traffic enforcement devices for speed limit
3 20 enforcement in work zones or elsewhere on Iowa roads.
3 21 Sec. 5. FUTURE REPEAL. This Act is repealed June
3 22 30, 2012.>
3 23 #2. Title page, line 2, by striking <highways.> and
3 24 inserting <highways, establishing civil penalties, and
3 25 making an appropriation.>
3 26 #3. By renumbering as necessary.
WHITEAD of Woodbury
HF2501.1590 (4) 83
dea/nh
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