House File 2387 - Introduced



                                       HOUSE FILE       
                                       BY  MERTZ


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the use of automated traffic enforcement
  2    systems by cities, authorizing civil penalties, and providing
  3    an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6065YH 82
  6 md/nh/8

PAG LIN



  1  1    Section 1.  Section 364.22, Code 2007, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  2A.  A city by ordinance may do all of the
  1  4 following:
  1  5    a.  Authorize the use of automated traffic enforcement
  1  6 systems to detect violations of vehicle speed ordinances and
  1  7 official traffic control signal ordinances, which constitute
  1  8 municipal infractions pursuant to subsection 2.  For the
  1  9 purposes of this subsection, "automated traffic enforcement
  1 10 system" means a system that uses a machine to automatically
  1 11 detect vehicle ordinance violations and simultaneously record
  1 12 an image of the vehicle used in committing the violation.
  1 13    b.  Provide that civil citations for violations detected
  1 14 using an automated traffic enforcement system may be issued to
  1 15 the registered owner of the vehicle identified in the recorded
  1 16 image.  The notice requirements of subsection 4 shall not
  1 17 apply to citations issued under this subsection.  Citations
  1 18 may be charged and collected upon a simple notice of a civil
  1 19 penalty payable to the city clerk, if authorized by an
  1 20 ordinance.  Notice of the citation shall be mailed or
  1 21 personally delivered to the registered owner of the vehicle at
  1 22 the registered owner's last known address.  The citation shall
  1 23 serve as notification that a municipal infraction has been
  1 24 committed and shall contain the following information:
  1 25    (1)  The name and last known address of the vehicle's
  1 26 registered owner.
  1 27    (2)  The name or description of the infraction.
  1 28    (3)  The location and time of the infraction.
  1 29    (4)  The amount of civil penalty to be assessed.
  1 30    (5)  The manner, location, and time in which the penalty
  1 31 may be paid.
  1 32    (6)  The time and place of any municipal infraction
  1 33 proceeding.
  1 34    c.  Provide that all civil penalties collected by a city as
  1 35 a result of a citation issued following detection by an
  2  1 automated traffic enforcement system shall be retained by the
  2  2 city.
  2  3    d.  Provide that notwithstanding subsection 5, paragraph
  2  4 "b", in cases where a municipal infraction proceeding is
  2  5 necessary, the city shall have the burden of proof that the
  2  6 municipal infraction occurred and that the defendant is a
  2  7 registered owner of the vehicle identified in the recorded
  2  8 image.  The proof shall be by clear, satisfactory, and
  2  9 convincing evidence.  Proof of registered ownership shall be
  2 10 by vehicle registration records.
  2 11    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2 12 immediate importance, takes effect upon enactment.
  2 13                           EXPLANATION
  2 14    This bill authorizes cities to enact ordinances to use
  2 15 automated traffic enforcement systems to detect violations of
  2 16 vehicle speed ordinances and official traffic control signal
  2 17 ordinances which constitute municipal infractions.  The bill
  2 18 provides that civil citations may be issued to the registered
  2 19 owner of a vehicle identified in an image recorded by the
  2 20 automated traffic enforcement system.  The bill allows
  2 21 citations issued by the city to be charged and collected upon
  2 22 a simple notice of a civil penalty payable to the city clerk.
  2 23 The bill requires notice of the citation to be mailed or
  2 24 personally delivered to the registered owner of the vehicle at
  2 25 the registered owner's last known address.
  2 26    The bill provides that in cases where a municipal
  2 27 infraction proceeding is necessary, the city has the burden of
  2 28 proof that the municipal infraction occurred and that the
  2 29 defendant is a registered owner of the vehicle identified in
  2 30 the recorded image.
  2 31    The bill permits cities to retain all civil penalties
  2 32 collected as a result of citations issued following detection
  2 33 by an automated traffic enforcement system.
  2 34    The bill takes effect upon enactment.
  2 35 LSB 6065YH 82
  3  1 md/nh/8