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