SENATE FILE 340

BY  KAPUCIAN

A BILL FOR

An Act relating to the disposition of revenue derived from the use of automated traffic enforcement systems by cities or counties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 331.307, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  14.  Penalties collected from the use of an automated traffic enforcement system and remitted to the county pursuant to section 602.8106, subsection 3, shall be deposited in the secondary road fund of the county to be used for road construction, maintenance, and repair.
   Sec. 2.  Section 364.3, subsection 2, Code 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 subsection, 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.  One hundred percent of the fines collected from the use of an automated traffic enforcement system shall be deposited in the city’s automated traffic enforcement program account established pursuant to section 384.3B.
   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.  NEW SECTION.  384.3B  Automated traffic enforcement program account.
   1.  A city that uses an automated traffic enforcement system shall establish an automated traffic enforcement program account within the city’s general fund. Interest earned on revenues deposited in the account pursuant to section 364.3, subsection 2, shall remain in the account and be used for the purposes specified in this section. Moneys in the account are not subject to transfer to any other accounts in the city’s general fund or to any other funds established by a city unless such transfer is for a purpose specified in this section.
   2.  Moneys in the account shall be used first to pay the costs of operating the city’s automated traffic enforcement program.
   3.
  a.  Except as provided in paragraph “b”, moneys in the account in excess of the amount necessary for the purpose specified in subsection 2 shall be deposited in the city’s street construction fund to be used for road construction, maintenance, and repair.
   b.  Moneys in the account in excess of the amount necessary for the purpose specified in subsection 2 which are attributed to fines for violations occurring on a portion of highway that is maintained by a county shall be remitted to that county for deposit in the county’s secondary road fund.
   Sec. 4.  Section 602.8106, subsection 3, Code 2011, is amended to read as follows:
   3.
  a.  The clerk of the district court shall remit all fines and forfeited bail for violation of a county ordinance, except an ordinance relating to vehicle speed or weight restrictions, to the county treasurer of the county that was the plaintiff in the action, and shall provide that county with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed. However, if a county ordinance provides a penalty for a violation which is also penalized under state law, the fines and forfeited bail collected for the violation shall be submitted to the state court administrator.
   b.  Notwithstanding subparagraph (1), civil fines collected pursuant to a county’s automated traffic enforcement program shall be remitted to the county treasurer of the county that was a plaintiff in the action.
EXPLANATION
   This bill addresses the use of revenue derived by local governments from the use of automated traffic enforcement systems, otherwise known as “traffic cameras”.
   Under the bill, a city that has an automated traffic enforcement program must establish a separate account in the city’s general fund for the deposit of fines collected from the use of automated traffic enforcement systems. Moneys in the account, including interest, shall be used first to pay the costs of the city’s automated traffic enforcement program. The remaining moneys shall be deposited in the city’s street construction fund to be used for road construction, maintenance, and repair, except that any moneys which are attributed to fines for violations occurring on a portion of highway that is maintained by a county shall be remitted to the county for deposit in the county’s secondary road fund.
   The bill directs the clerk of the district court to remit civil fines collected pursuant to a county’s automated traffic enforcement program to the county treasurer for deposit in the secondary road fund of the county, to be used for road construction, maintenance, and repair.