HF 304 (LSB 1975YH (3) 86)

HOUSE FILE 304

BY  T. TAYLOR

A BILL FOR

An Act relating to civil penalties for citations issued as a result of 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 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  06A.  “Automated traffic law enforcement system” means a device with one or more sensors working in conjunction with one of the following:
   a.  An official traffic-control signal, to produce recorded images of motor vehicles entering an intersection against a red signal light.
   b.  A speed measuring device, to produce recorded images of motor vehicles traveling at a prohibited rate of speed.
   c.  A railroad grade crossing signal light, as described in section 321.342, to produce images of vehicles violating the signal light.
   d.  Any official traffic-control device, if failure to comply with the official traffic-control device constitutes a moving violation under this chapter.
    Sec. 2.  NEW SECTION.  321.237A  Automated traffic law enforcement systems —— civil penalties —— uniform citations.
   1.  A penalty imposed by a local authority as a result of the use of an automated traffic law enforcement system shall be a civil penalty.
   2.  The amount of a civil penalty imposed by a local authority as a result of the use of an automated traffic law enforcement system for an offense which would be punishable by a scheduled fine under section 805.8A, subsection 5, 7, or 8, shall be equal to the amount of the applicable scheduled fine.
    Sec. 3.  Section 331.307, subsection 1, Code 2015, is amended to read as follows:
   1.  A county infraction is a civil offense and, except as provided in section 321.237A, subsection 2, is punishable by a civil penalty of not more than seven hundred fifty dollars for each violation or if the infraction is a repeat offense a civil penalty not to exceed one thousand dollars for each repeat offense.
    Sec. 4.  Section 364.3, subsection 6, Code 2015, is amended to read as follows:
   6.  A Except as provided in section 321.237A, subsection 2, a city shall not provide a civil penalty in excess of seven hundred fifty dollars for the violation of an ordinance which is classified as a municipal infraction or if the infraction is a repeat offense, a civil penalty not to exceed one thousand dollars for each repeat offense. A municipal infraction is not punishable by imprisonment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to civil penalties for citations issued as the result of the use of automated traffic law enforcement systems.
   The bill defines “automated traffic law enforcement system” as a device with one or more sensors working in conjunction with an official traffic-control signal, a speed measuring device, a railroad grade crossing signal light, or any other official traffic-control device.
   The bill provides that a penalty imposed by a local authority as a result of the use of an automated traffic law enforcement system shall be a civil penalty, and, for certain offenses, the amount of the penalty shall be equal to the amount of the scheduled fine applicable under state law to the offense for which the citation was issued.