House File 612 - Introduced HOUSE FILE 612 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HF 105) A BILL FOR An Act relating to the disposition of revenue from the use of 1 automated traffic enforcement systems by cities or counties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1118HV (2) 84 dea/sc

H.F. 612 Section 1. Section 331.307, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 14. Penalties collected from the use of an 3 automated traffic enforcement system and remitted to the county 4 pursuant to section 602.8106, subsection 3, shall be deposited 5 in the secondary road fund of the county to be used for road 6 construction, maintenance, and repair. 7 Sec. 2. Section 364.3, subsection 2, Code 2011, is amended 8 to read as follows: 9 2. For a violation of an ordinance a city shall not 10 provide a penalty in excess of the maximum fine and term of 11 imprisonment for a simple misdemeanor under section 903.1, 12 subsection 1 , paragraph “a” . An Except as otherwise provided 13 in this subsection, an amount equal to ten percent of all 14 fines collected by cities shall be deposited in the account 15 established in section 602.8108 . However, one 16 a. One hundred percent of all fines collected by a city 17 pursuant to section 321.236, subsection 1 , shall be retained 18 by the city. 19 b. One hundred percent of the fines collected from the use 20 of an automated traffic enforcement system shall be deposited 21 in the city’s automated traffic enforcement program account 22 established pursuant to section 384.3B. 23 c. The criminal penalty surcharge required by section 911.1 24 shall be added to a city fine and is not a part of the city’s 25 penalty. 26 Sec. 3. NEW SECTION . 384.3B Automated traffic enforcement 27 program account. 28 1. A city that uses an automated traffic enforcement system 29 shall establish an automated traffic enforcement program 30 account within the city’s general fund. Interest earned on 31 revenues deposited in the account pursuant to section 364.3, 32 subsection 2, shall remain in the account and be used for the 33 purposes specified in this section. Moneys in the account are 34 not subject to transfer to any other accounts in the city’s 35 -1- LSB 1118HV (2) 84 dea/sc 1/ 3

H.F. 612 general fund or to any other funds established by a city unless 1 such transfer is for a purpose specified in this section. 2 2. Moneys in the account shall be used first to pay the 3 costs of operating the city’s automated traffic enforcement 4 program. 5 3. a. Except as provided in paragraph “b” , moneys in the 6 account in excess of the amount necessary for the purpose 7 specified in subsection 2 shall be deposited in the city’s 8 street construction fund to be used for road construction, 9 maintenance, and repair. 10 b. Moneys in the account in excess of the amount necessary 11 for the purpose specified in subsection 2 which are attributed 12 to fines for violations occurring on a portion of highway that 13 is maintained by a county shall be remitted to that county for 14 deposit in the county’s secondary road fund. 15 Sec. 4. Section 602.8106, subsection 3, Code 2011, is 16 amended to read as follows: 17 3. a. The clerk of the district court shall remit all fines 18 and forfeited bail for violation of a county ordinance, except 19 an ordinance relating to vehicle speed or weight restrictions, 20 to the county treasurer of the county that was the plaintiff 21 in the action, and shall provide that county with a statement 22 showing the total number of cases, the total of all fines 23 and forfeited bail collected, and the total of all cases 24 dismissed. However, if a county ordinance provides a penalty 25 for a violation which is also penalized under state law, the 26 fines and forfeited bail collected for the violation shall be 27 submitted to the state court administrator. 28 b. Notwithstanding subparagraph (1), civil fines collected 29 pursuant to a county’s automated traffic enforcement program 30 shall be remitted to the county treasurer of the county that 31 was a plaintiff in the action. 32 EXPLANATION 33 This bill addresses the use of revenue derived by local 34 governments from the use of automated traffic enforcement 35 -2- LSB 1118HV (2) 84 dea/sc 2/ 3

H.F. 612 systems, otherwise known as “traffic cameras”. 1 Under the bill, a city that has an automated traffic 2 enforcement program must establish a separate account in the 3 city’s general fund for the deposit of fines collected from 4 the use of automated traffic enforcement systems. Moneys 5 in the account, including interest, shall be used first to 6 pay the costs of the city’s automated traffic enforcement 7 program. The remaining moneys shall be deposited in the city’s 8 street construction fund to be used for road construction, 9 maintenance, and repair, except that any moneys which are 10 attributed to fines for violations occurring on a portion of 11 highway that is maintained by a county shall be remitted to the 12 county for deposit in the county’s secondary road fund. 13 The bill directs the clerk of the district court to remit 14 civil fines collected pursuant to a county’s automated traffic 15 enforcement program to the county treasurer for deposit in 16 the secondary road fund of the county, to be used for road 17 construction, maintenance, and repair. 18 -3- LSB 1118HV (2) 84 dea/sc 3/ 3