SF 139 (LSB 1869XS (3) 85)

SENATE FILE 139

BY  KAPUCIAN

A BILL FOR

An Act relating to the use of automated traffic law enforcement systems by cities and counties, and providing for the disposition of revenues derived from the use of automated traffic law enforcement systems.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  95.  “Automated traffic law enforcement system” means a device with one or more sensors working in conjunction with an official traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of a state or local law or ordinance regulating vehicular traffic or the speed of motor vehicles.
    Sec. 2.  NEW SECTION.  321.237A  Use of automated traffic law enforcement systems.
   Before using an automated traffic law enforcement system, a local authority shall compile a report showing the number of motor vehicle violations occurring during the most recent twelve-month period for which data is available at the location where the local authority intends to use an automated traffic law enforcement system compared to the number of motor vehicle violations occurring at all similar locations within the local authority’s jurisdiction during the same period. The local authority shall not use an automated traffic law enforcement system at the intended location unless the report demonstrates that the number of violations at the intended location exceeds the number of violations at all similar locations by twenty percent or more. Prior to implementing the use of an automated traffic law enforcement system, the local authority shall file a copy of the report required under this section with the department.
    Sec. 3.  Section 331.307, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  14.
  a.  Notwithstanding any other provision of law, 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 deposited in the secondary road fund of the county to be used for road construction, maintenance, and repair.
   b.  For purposes of this subsection, “automated traffic law enforcement system” means as defined in section 321.1.
    Sec. 4.  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 deposited in the city’s street construction fund to be used for road construction, maintenance, and repair.
   (3)  For purposes of this subsection, “automated traffic law enforcement system” means as defined in section 321.1.
   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 requires that, before a local authority may use an automated traffic law enforcement system, the local authority must compile a report showing the number of motor vehicle violations at the location where such a system is intended to be used compared to the total number of motor vehicle violations at similar locations within the jurisdiction of the local authority. Unless the report demonstrates that the number of violations at the intended location exceeds the total number of violations at similar locations by at least 20 percent, the local authority shall not use an automated traffic law enforcement system at that location. Before implementing the use of an automated traffic law enforcement system, a local authority must file a copy of the required report with the department of transportation.
   The 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 deposited in the secondary road fund of the county or the street construction fund of the city to be used for road construction, maintenance, and repair.
   The bill defines “automated traffic law enforcement system” as a device working in conjunction with an official traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of a state or local law or ordinance regulating vehicular traffic or the speed of motor vehicles.