House File 105 - Introduced HOUSE FILE 105 BY WAGNER A BILL FOR An Act requiring that revenue from a city’s use of automated 1 traffic enforcement systems be allocated for property tax 2 relief. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1118YH (8) 84 dea/sc

H.F. 105 Section 1. Section 364.3, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. For a violation of an ordinance , a city shall not 3 provide a penalty in excess of the maximum fine and term of 4 imprisonment for a simple misdemeanor under section 903.1, 5 subsection 1 , paragraph “a” . An Except as otherwise provided 6 in this subsection, an amount equal to ten percent of all 7 fines collected by cities shall be deposited in the account 8 established in section 602.8108 . However, one 9 (a) One hundred percent of all fines collected by a city 10 pursuant to section 321.236, subsection 1 , shall be retained 11 by the city. 12 (b) One hundred percent of the fines collected from the use 13 of an automated traffic enforcement system shall be deposited 14 in the city’s automated traffic enforcement program account 15 established pursuant to section 384.3B. 16 (c) The criminal penalty surcharge required by section 17 911.1 shall be added to a city fine and is not a part of the 18 city’s penalty. 19 Sec. 2. NEW SECTION . 384.3B Automated traffic enforcement 20 program account. 21 1. For purposes of this section, the following definitions 22 apply: 23 a. “Automated traffic enforcement program” means the 24 utilization of one or more automated traffic enforcement 25 systems to issue civil citations for violations of traffic 26 ordinances which constitute municipal infractions. 27 b. “Automated traffic enforcement system” means a device 28 with one or more sensors working in conjunction with one of the 29 following: 30 (a) An official traffic-control signal, as defined in 31 section 321.1, to produce recorded images of motor vehicles 32 entering an intersection against a steady circular red light. 33 (b) A speed measuring device to produce recorded images of 34 motor vehicles traveling at a prohibited rate of speed. 35 -1- LSB 1118YH (8) 84 dea/sc 1/ 3

H.F. 105 (c) A device to produce recorded images of motor vehicles 1 violating a railroad grade crossing signal light, as described 2 in section 321.342. 3 (d) Any official traffic-control device, as defined 4 in section 321.1, if failure to comply with the official 5 traffic-control device constitutes a moving violation under 6 chapter 321. 7 2. A city that uses an automated traffic enforcement system 8 shall establish an automated traffic enforcement program 9 account within the city’s general fund. Interest earned on 10 revenues deposited in the account pursuant to section 364.3, 11 subsection 2, shall remain in the account and be used for the 12 purposes specified in this section. Moneys in the account are 13 not subject to transfer to any other accounts in the city’s 14 general fund or to any other funds established by a city unless 15 such transfer is for a purpose specified in this section. 16 3. Moneys in the account shall be used to pay the costs of 17 operating the city’s automated traffic enforcement program. 18 4. Moneys in the account in excess of the amount necessary 19 for the purpose specified in subsection 3 shall be used for 20 property tax relief as provided in section 384.16, subsection 21 1A. 22 Sec. 3. Section 384.16, subsection 1, paragraph a, 23 subparagraphs (2) and (3), Code 2011, are amended to read as 24 follows: 25 (2) Income from sources other than property taxation , but 26 not including revenues deposited in the automated traffic 27 enforcement program account established pursuant to section 28 384.3B . 29 (3) Amount to be raised by property taxation reduced by 30 the amount specified under subsection 1A , and the property tax 31 rate expressed in dollars per one thousand dollars assessed 32 valuation. 33 Sec. 4. Section 384.16, Code 2011, is amended by adding the 34 following new subsection: 35 -2- LSB 1118YH (8) 84 dea/sc 2/ 3

H.F. 105 NEW SUBSECTION . 1A. If the city has established an 1 automated traffic enforcement program account pursuant to 2 section 384.3B, the amount available in that account for 3 property tax relief as of December 1 of each year shall 4 be applied to reduce the tax levy to be certified for the 5 following fiscal year. 6 EXPLANATION 7 This bill requires that revenue generated from the use 8 of automated traffic enforcement systems be used to provide 9 property tax relief within a city. 10 The bill defines “automated traffic enforcement system” 11 as a device with one or more sensors working in conjunction 12 with an official traffic-control signal, a speed measuring 13 device, a device that records images of motor vehicles 14 violating a railroad grade crossing signal light, or any 15 official traffic-control device if failure to comply with the 16 traffic-control device would constitute a moving violation 17 if cited under state law. The definition includes within 18 its scope devices known as “red light cameras” and “speed 19 cameras”. “Automated traffic enforcement program” is defined 20 as the utilization of one or more automated traffic enforcement 21 systems to issue civil citations for traffic violations which 22 constitute municipal infractions. 23 Under the bill, a city that has an automated traffic 24 enforcement program must establish a separate account in the 25 city’s general fund for the deposit of fines collected from 26 the use of automated traffic enforcement systems. Moneys in 27 the account, including interest, shall be used first to pay 28 the costs of the city’s automated traffic enforcement program. 29 Any remaining moneys in the account are to be used annually 30 to reduce the city’s property tax levy to be certified in the 31 following year. 32 -3- LSB 1118YH (8) 84 dea/sc 3/ 3