Senate File 139 - Introduced SENATE FILE 139 BY KAPUCIAN A BILL FOR An Act relating to the use of automated traffic law enforcement 1 systems by cities and counties, and providing for the 2 disposition of revenues derived from the use of automated 3 traffic law enforcement systems. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1869XS (3) 85 dea/nh

S.F. 139 Section 1. Section 321.1, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 95. “Automated traffic law enforcement 3 system” means a device with one or more sensors working in 4 conjunction with an official traffic control signal or device 5 or a speed-measuring device to produce recorded images of 6 vehicles being operated in violation of a state or local law or 7 ordinance regulating vehicular traffic or the speed of motor 8 vehicles. 9 Sec. 2. NEW SECTION . 321.237A Use of automated traffic law 10 enforcement systems. 11 Before using an automated traffic law enforcement system, 12 a local authority shall compile a report showing the number 13 of motor vehicle violations occurring during the most recent 14 twelve-month period for which data is available at the location 15 where the local authority intends to use an automated traffic 16 law enforcement system compared to the number of motor vehicle 17 violations occurring at all similar locations within the local 18 authority’s jurisdiction during the same period. The local 19 authority shall not use an automated traffic law enforcement 20 system at the intended location unless the report demonstrates 21 that the number of violations at the intended location exceeds 22 the number of violations at all similar locations by twenty 23 percent or more. Prior to implementing the use of an automated 24 traffic law enforcement system, the local authority shall file 25 a copy of the report required under this section with the 26 department. 27 Sec. 3. Section 331.307, Code 2013, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 14. a. Notwithstanding any other provision 30 of law, civil fines collected by a county 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 county relating to the use of automated traffic law 35 -1- LSB 1869XS (3) 85 dea/nh 1/ 3

S.F. 139 enforcement systems shall be retained by the county for that 1 purpose. 2 (2) Moneys in excess of the amount necessary for the 3 purpose specified in subparagraph (1) shall be deposited in 4 the secondary road fund of the county to be used for road 5 construction, maintenance, and repair. 6 b. For purposes of this subsection, “automated traffic law 7 enforcement system” means as defined in section 321.1. 8 Sec. 4. Section 364.3, subsection 2, Code 2013, is amended 9 to read as follows: 10 2. For a violation of an ordinance , a city shall not 11 provide a penalty in excess of the maximum fine and term of 12 imprisonment for a simple misdemeanor under section 903.1, 13 subsection 1 , paragraph “a” . An Except as otherwise provided 14 in this section, an amount equal to ten percent of all 15 fines collected by cities shall be deposited in the account 16 established in section 602.8108 . However, one 17 a. One hundred percent of all fines collected by a city 18 pursuant to section 321.236, subsection 1 , shall be retained 19 by the city. 20 b. Civil fines collected by a city from the use of an 21 automated traffic law enforcement system shall be allocated as 22 follows: 23 (1) The amount necessary to satisfy contractual obligations 24 of the city relating to the use of automated traffic law 25 enforcement systems shall be retained by the city for that 26 purpose. 27 (2) Moneys in excess of the amount necessary for the purpose 28 specified in subparagraph (1) shall be deposited in the city’s 29 street construction fund to be used for road construction, 30 maintenance, and repair. 31 (3) For purposes of this subsection, “automated traffic law 32 enforcement system” means as defined in section 321.1. 33 c. The criminal penalty surcharge required by section 911.1 34 shall be added to a city fine and is not a part of the city’s 35 -2- LSB 1869XS (3) 85 dea/nh 2/ 3

S.F. 139 penalty. 1 EXPLANATION 2 This bill requires that, before a local authority may 3 use an automated traffic law enforcement system, the local 4 authority must compile a report showing the number of motor 5 vehicle violations at the location where such a system is 6 intended to be used compared to the total number of motor 7 vehicle violations at similar locations within the jurisdiction 8 of the local authority. Unless the report demonstrates that 9 the number of violations at the intended location exceeds the 10 total number of violations at similar locations by at least 20 11 percent, the local authority shall not use an automated traffic 12 law enforcement system at that location. Before implementing 13 the use of an automated traffic law enforcement system, a local 14 authority must file a copy of the required report with the 15 department of transportation. 16 The bill directs that, from the civil fines collected 17 by a city or county from the use of automated traffic law 18 enforcement systems, the amount necessary to satisfy the 19 contractual obligations relating to the use of the systems 20 shall be retained by the city or county. Moneys in excess of 21 that amount are to be deposited in the secondary road fund of 22 the county or the street construction fund of the city to be 23 used for road construction, maintenance, and repair. 24 The bill defines “automated traffic law enforcement system” 25 as a device working in conjunction with an official traffic 26 control signal or device or a speed-measuring device to produce 27 recorded images of vehicles being operated in violation of a 28 state or local law or ordinance regulating vehicular traffic 29 or the speed of motor vehicles. 30 -3- LSB 1869XS (3) 85 dea/nh 3/ 3