Senate
File
2117
-
Introduced
SENATE
FILE
2117
BY
ZAUN
A
BILL
FOR
An
Act
providing
for
the
disposition
of
fines
collected
by
1
a
city
or
county
pursuant
to
an
automated
traffic
law
2
enforcement
program.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2117
Section
1.
Section
331.307,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
14.
a.
Notwithstanding
any
other
provision
3
of
law,
civil
fines
collected
by
a
county
from
the
use
of
an
4
automated
traffic
law
enforcement
system
shall
be
allocated
as
5
follows:
6
(1)
The
amount
necessary
to
satisfy
contractual
obligations
7
of
the
county
relating
to
the
use
of
automated
traffic
law
8
enforcement
systems
shall
be
retained
by
the
county
for
that
9
purpose.
10
(2)
Moneys
in
excess
of
the
amount
necessary
for
the
purpose
11
specified
in
subparagraph
(1)
shall
be
deposited
in
the
account
12
established
in
section
602.8108.
13
b.
For
purposes
of
this
subsection,
“automated
traffic
law
14
enforcement
system”
means
a
device
with
one
or
more
sensors
15
working
in
conjunction
with
a
traffic
control
signal
or
device
16
or
a
speed-measuring
device
to
produce
recorded
images
of
17
vehicles
being
operated
in
violation
of
traffic
or
speed
laws.
18
Sec.
2.
Section
364.3,
subsection
2,
Code
Supplement
2011,
19
is
amended
to
read
as
follows:
20
2.
For
a
violation
of
an
ordinance
,
a
city
shall
not
21
provide
a
penalty
in
excess
of
the
maximum
fine
and
term
of
22
imprisonment
for
a
simple
misdemeanor
under
section
903.1,
23
subsection
1
,
paragraph
“a”
.
An
Except
as
otherwise
provided
24
in
this
section,
an
amount
equal
to
ten
percent
of
all
25
fines
collected
by
cities
shall
be
deposited
in
the
account
26
established
in
section
602.8108
.
However,
one
27
a.
One
hundred
percent
of
all
fines
collected
by
a
city
28
pursuant
to
section
321.236,
subsection
1
,
shall
be
retained
29
by
the
city.
30
b.
Civil
fines
collected
by
a
city
from
the
use
of
an
31
automated
traffic
law
enforcement
system
shall
be
allocated
as
32
follows:
33
(1)
The
amount
necessary
to
satisfy
contractual
obligations
34
of
the
city
relating
to
the
use
of
automated
traffic
law
35
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2117
enforcement
systems
shall
be
retained
by
the
city
for
that
1
purpose.
2
(2)
Moneys
in
excess
of
the
amount
necessary
for
the
purpose
3
specified
in
subparagraph
(1)
shall
be
deposited
in
the
account
4
established
in
section
602.8108.
5
(3)
For
purposes
of
this
subsection,
“automated
traffic
law
6
enforcement
system”
means
a
device
with
one
or
more
sensors
7
working
in
conjunction
with
a
traffic
control
signal
or
device
8
or
a
speed-measuring
device
to
produce
recorded
images
of
9
vehicles
being
operated
in
violation
of
traffic
or
speed
laws.
10
c.
The
criminal
penalty
surcharge
required
by
section
911.1
11
shall
be
added
to
a
city
fine
and
is
not
a
part
of
the
city’s
12
penalty.
13
Sec.
3.
Section
602.8108,
Code
Supplement
2011,
is
amended
14
by
adding
the
following
new
subsection:
15
NEW
SUBSECTION
.
11.
The
clerk
of
the
district
court
shall
16
forward
to
the
treasurer
of
state,
not
later
than
the
fifteenth
17
day
of
each
month,
all
moneys
received
from
counties
pursuant
18
to
section
331.307,
subsection
14,
and
from
cities
pursuant
to
19
section
364.3,
subsection
2,
paragraph
“b”
,
for
deposit
in
the
20
road
use
tax
fund.
21
EXPLANATION
22
This
bill
directs
that,
from
the
civil
fines
collected
23
by
a
city
or
county
from
the
use
of
automated
traffic
24
law
enforcement
systems,
the
amount
necessary
to
satisfy
25
contractual
obligations
relating
to
the
use
of
the
systems
26
shall
be
retained
by
the
city
or
county.
Moneys
in
excess
of
27
that
amount
are
to
be
deposited
in
the
road
use
tax
fund.
28
Automated
traffic
law
enforcement
systems
are
devices
with
29
one
or
more
sensors
which
work
in
conjunction
with
a
traffic
30
control
signal
or
device
or
a
speed-measuring
device
to
produce
31
recorded
images
of
vehicles
being
operated
in
violation
of
32
traffic
or
speed
laws.
33
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