House
File
304
-
Introduced
HOUSE
FILE
304
BY
T.
TAYLOR
A
BILL
FOR
An
Act
relating
to
civil
penalties
for
citations
issued
as
1
a
result
of
the
use
of
automated
traffic
law
enforcement
2
systems.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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304
Section
1.
Section
321.1,
Code
2015,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
06A.
“Automated
traffic
law
enforcement
3
system”
means
a
device
with
one
or
more
sensors
working
in
4
conjunction
with
one
of
the
following:
5
a.
An
official
traffic-control
signal,
to
produce
recorded
6
images
of
motor
vehicles
entering
an
intersection
against
a
red
7
signal
light.
8
b.
A
speed
measuring
device,
to
produce
recorded
images
of
9
motor
vehicles
traveling
at
a
prohibited
rate
of
speed.
10
c.
A
railroad
grade
crossing
signal
light,
as
described
in
11
section
321.342,
to
produce
images
of
vehicles
violating
the
12
signal
light.
13
d.
Any
official
traffic-control
device,
if
failure
to
comply
14
with
the
official
traffic-control
device
constitutes
a
moving
15
violation
under
this
chapter.
16
Sec.
2.
NEW
SECTION
.
321.237A
Automated
traffic
law
17
enforcement
systems
——
civil
penalties
——
uniform
citations.
18
1.
A
penalty
imposed
by
a
local
authority
as
a
result
of
the
19
use
of
an
automated
traffic
law
enforcement
system
shall
be
a
20
civil
penalty.
21
2.
The
amount
of
a
civil
penalty
imposed
by
a
local
22
authority
as
a
result
of
the
use
of
an
automated
traffic
law
23
enforcement
system
for
an
offense
which
would
be
punishable
by
24
a
scheduled
fine
under
section
805.8A,
subsection
5,
7,
or
8,
25
shall
be
equal
to
the
amount
of
the
applicable
scheduled
fine.
26
Sec.
3.
Section
331.307,
subsection
1,
Code
2015,
is
amended
27
to
read
as
follows:
28
1.
A
county
infraction
is
a
civil
offense
and,
except
as
29
provided
in
section
321.237A,
subsection
2,
is
punishable
by
a
30
civil
penalty
of
not
more
than
seven
hundred
fifty
dollars
for
31
each
violation
or
if
the
infraction
is
a
repeat
offense
a
civil
32
penalty
not
to
exceed
one
thousand
dollars
for
each
repeat
33
offense.
34
Sec.
4.
Section
364.3,
subsection
6,
Code
2015,
is
amended
35
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304
to
read
as
follows:
1
6.
A
Except
as
provided
in
section
321.237A,
subsection
2,
2
a
city
shall
not
provide
a
civil
penalty
in
excess
of
seven
3
hundred
fifty
dollars
for
the
violation
of
an
ordinance
which
4
is
classified
as
a
municipal
infraction
or
if
the
infraction
is
5
a
repeat
offense,
a
civil
penalty
not
to
exceed
one
thousand
6
dollars
for
each
repeat
offense.
A
municipal
infraction
is
not
7
punishable
by
imprisonment.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
civil
penalties
for
citations
issued
12
as
the
result
of
the
use
of
automated
traffic
law
enforcement
13
systems.
14
The
bill
defines
“automated
traffic
law
enforcement
system”
15
as
a
device
with
one
or
more
sensors
working
in
conjunction
16
with
an
official
traffic-control
signal,
a
speed
measuring
17
device,
a
railroad
grade
crossing
signal
light,
or
any
other
18
official
traffic-control
device.
19
The
bill
provides
that
a
penalty
imposed
by
a
local
authority
20
as
a
result
of
the
use
of
an
automated
traffic
law
enforcement
21
system
shall
be
a
civil
penalty,
and,
for
certain
offenses,
22
the
amount
of
the
penalty
shall
be
equal
to
the
amount
of
the
23
scheduled
fine
applicable
under
state
law
to
the
offense
for
24
which
the
citation
was
issued.
25
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