SENATE FILE 2043

BY  CHELGREN

A BILL FOR

An Act prohibiting the use of automated traffic law enforcement systems, providing for temporary continuation of existing automated traffic law enforcement programs, providing for the disposition of fines, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.5A  Automated traffic law enforcement systems.
   1.  The department or a local authority shall not place or cause to be placed on or adjacent to a street or highway, or maintain or employ the use of, an automated traffic law enforcement system for the enforcement of any provision of this chapter or any local ordinance relating to vehicular traffic or to prove a violation of any such provision or ordinance.
   2.  Notwithstanding subsection 1, a local authority that has established an automated traffic law enforcement program prior to the effective date of this Act shall terminate the program at the earliest date possible as follows:
   a.  If the local authority has entered into a contract for equipment or services relating to automated traffic law enforcement systems prior to the effective date of this Act, the city may continue to use an automated traffic law enforcement system or systems to the extent necessary to hold the city harmless under the terms of the existing contract. A city that continues using an automated traffic law enforcement system on or after the effective date of this Act, as authorized under this paragraph, shall not extend or renew a contract, or enter any new contract, for automated traffic law enforcement system equipment or services on or after the effective date of this Act. 
   b.  Upon the expiration of all prior contracts for the use of automated traffic law enforcement systems, a local authority’s ordinance authorizing the use of automated traffic law enforcement systems is void. However, notices of violations mailed or citations issued pursuant to such an ordinance prior to the date the ordinance becomes void shall not be invalidated under this section and shall be processed according to the provisions of the law under which they were authorized.
   3.  For purposes of this section, “automated traffic law enforcement system” means a device with one or more sensors working in conjunction with a traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of traffic or speed laws.
    Sec. 2.  Section 364.3, subsection 2, Code Supplement 2011, is amended to read as follows:
   2.  For a violation of an ordinance, a city shall not provide a penalty in excess of the maximum fine and term of imprisonment for a simple misdemeanor under section 903.1, subsection 1, paragraph “a”. An
 
Except as otherwise provided in this section, an amount equal to ten percent of all fines collected by cities shall be deposited in the account established in section 602.8108. However, one
   a.  One
 
hundred percent of all fines collected by a city pursuant to section 321.236, subsection 1, shall be retained by the city.
   b.  Civil fines collected by a city from the use of an automated traffic law enforcement system shall be allocated as follows:
   (1)  The amount necessary to satisfy contractual obligations of the city relating to the use of automated traffic law enforcement systems shall be retained by the city for that purpose.
   (2)  Moneys in excess of the amount necessary for the purpose specified in subparagraph (1) shall be deposited in the account established in section 602.8108.
   c.  The criminal penalty surcharge required by section 911.1 shall be added to a city fine and is not a part of the city’s penalty.
    Sec. 3.  Section 602.8108, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  The clerk of the district court shall forward to the treasurer of state, not later than the fifteenth day of each month, all moneys received from cities pursuant to section 364.3, subsection 2, paragraph “b”, for deposit in the road use tax fund.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill prohibits the use of automated traffic law enforcement systems, except for the continuation of a city’s existing automated traffic law enforcement program for a limited period.
   Automated traffic law enforcement systems, commonly known as “red light cameras” or “speed cameras”, are devices with one or more sensors which work in conjunction with a traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of traffic or speed laws.
   Under the bill, the use of automated traffic law enforcement systems is prohibited as of the effective date of the bill. However, a local authority that currently uses automated traffic law enforcement systems may continue the use of one or more of those systems to the extent necessary to hold the city harmless under the terms of any existing contracts for equipment or services. A city may not extend or renew an existing contract or enter into any new contract after the effective date of the bill.
   A local authority’s ordinance authorizing the use of automated traffic law enforcement systems shall become void upon the expiration of all related contracts, but notices of violations mailed or citations issued under that ordinance shall not be invalidated and shall be processed according to the prior law.
   The bill directs that, from the civil fines collected by a city from the use of automated traffic law enforcement systems, the amount necessary to satisfy contractual obligations relating to the use of the systems shall be retained by the city. Moneys in excess of that amount are to be deposited in the road use tax fund.
   The bill is effective upon enactment.