SF 155 (LSB 1911XS (3) 85)

SENATE FILE 155

BY  ZAUN

A BILL FOR

An Act relating to the compensation of vendors of automated traffic law enforcement systems used by a city or county.
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)  Not more than five percent of the amount collected shall be paid to the vendor with whom the county has a contract for the use of the automated traffic law enforcement system.
   (2)  The amount in excess of the amount paid under subparagraph (1) shall be retained by the county.
   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.
  (1)  Civil fines collected by a city from the use of an automated traffic law enforcement system shall be allocated as follows:
   (a)  Not more than five percent of the amount collected shall be paid to the vendor with whom the city has a contract for the use of the automated traffic law enforcement system.
   (b)  The amount in excess of the amount paid under subparagraph division (a) shall be retained by the city.

   (2)  For purposes of this paragraph “b”, “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, not more than 5 percent shall be paid to the vendor of the automated traffic law enforcement system. The remaining amount is to be retained by the city or county.
   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.