SF 130 (LSB 1748XS (1) 85)

SENATE FILE 130

BY  ZAUN

A BILL FOR

An Act relating to the disposition of fines collected under city and county automated traffic law enforcement programs and providing for the deposit of certain revenues into the road use tax fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.307, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  14.
  a.  Civil fines collected by a county 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 county relating to the use of automated traffic law enforcement systems shall be retained by the county for that purpose.
   (2)  Moneys in excess of the amount necessary for the purpose specified in subparagraph (1) shall be forwarded monthly to the treasurer of state for deposit in the road use tax fund.
   b.  For purposes of this subsection, “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 2013, 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 forwarded monthly to the treasurer of state for deposit in the road use tax fund.
   (3)  For purposes of this subsection, “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.
   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.
EXPLANATION
   This bill directs that, from the civil fines collected by a city or county from the use of automated traffic law enforcement systems, the amount necessary to satisfy the contractual obligations relating to the use of the systems shall be retained by the city or county. Moneys in excess of that amount are to be forwarded monthly to the treasurer of state for deposit in the road use tax fund.
   The bill defines “automated traffic law enforcement system” as a device 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.